California Codes

Cal. Water Code § 13330 (2026)

✓ current as of May 2026
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(a)Not later than 30 days from the date of service of a copy of a decision or order issued by the state board under this division, other than a decision or order issued pursuant to Article 7 (commencing with Section 13550) of Chapter 7, any aggrieved party may file with the superior court a petition for writ of mandate for review of the decision or order. An aggrieved party must file a petition for reconsideration with the state board to exhaust that party’s administrative remedies only if the initial decision or order is issued under authority delegated to an officer or employee of the state board and the state board by regulation has authorized a petition for reconsideration. The state board shall order or deny reconsideration on a petition therefor not later than 90 days from the date the state board adopts the decision or order.

(b)A party aggrieved by a final decision or order of a regional board subject to review under Section 13320 may obtain review of the decision or order of the regional board in the superior court by filing in the court a petition for writ of mandate not later than 30 days from the date on which the state board denies review.

(c)The time for filing an action or proceeding subject to Section 21167 of the Public Resources Code for a person who seeks review of the regional board’s decision or order under Section 13320, or who seeks reconsideration under a state board regulation authorizing a petition for reconsideration, shall commence upon the state board’s completion of that review or reconsideration.

(d)If no aggrieved party petitions for writ of mandate within the time provided by this section, a decision or order of the state board or a regional board shall not be subject to review by any court.

(e)Except as provided in this section, Section 1094.5 of the Code of Civil Procedure shall govern proceedings for which petitions are filed pursuant to this section. For the purposes of subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the court shall exercise its independent judgment on the evidence in any case involving the judicial review of a decision or order of the state board issued under Section 13320, or a decision or order of a regional board for which the state board denies review under Section 13320, other than a decision or order issued under Section 13323.

(f)Except as provided in this section, no legal or equitable process shall issue in any proceeding in any court against the state board, a regional board, or any officer of the state board or a regional board to review, prevent, or enjoin any adjudicative proceeding under this division. Except as provided in this section and Section 13321, no legal or equitable process shall issue in any proceeding in any court against the state board, a regional board, or any officer or employee of the state board or a regional board to review, prevent, or enjoin a decision or order by the state board, a regional board, or any officer or employee of the state board or a regional board before a decision or order is issued and the procedures for administrative review of that decision or order have been exhausted.

(g)A party aggrieved by a decision or order issued by the state board under Article 7 (commencing with Section 13550) of Chapter 7 may petition for reconsideration or judicial review in accordance with Chapter 4 (commencing with Section 1120) of Part 1 of Division 2.

(h)For purposes of this section, a decision or order includes a final action in an adjudicative proceeding and an action subject to Section 11352 of the Government Code, but does not include an action subject to Section 11353 of the Government Code or the adoption, amendment, or repeal of a regulation under Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

Notes of Decisions
Cited in 28 cases (5 in the last 5 years), 1976–2025 · leading case: Comm. for a Progressive Gilroy v. State Water Resouces Control Bd., 192 Cal. App. 3d 847 (Cal. Ct. App. 1987).
Comm. for a Progressive Gilroy v. State Water Resouces Control Bd., 192 Cal. App. 3d 847 (Cal. Ct. App. 1987). · cites it 5× “(Wat. Code, § 13330, subd. (a).) We turn next to CEQA.”
Barclay Hollander Corp. v. Cal. Reg'l Water Quality Control Bd., 251 Cal. Rptr. 3d 206 (Cal. Ct. App. 5th 2019). · cites it 3× “" ( Wat. Code, § 13330, subd. (b).) The petition for writ of mandate is governed by Code of Civil Procedure section 1094.”
Voices of the Wetlands v. State Water Resources Control Bd., 257 P.3d 81 (Cal. 2011). · cites it 2× “(c); Wat. Code, § 13330, subd. (d).) Plaintiff pursued these avenues of relief.”
Bldg. Indus. Ass'n v. State Water Resources Control Bd., 22 Cal. Rptr. 3d 128 (Cal. Ct. App. 2005). · cites it 2× “(Wat. Code, § 13330, subd. (a).) Code of Civil Procedure section 1094.”
City of Rancho Cucamonga v. Reg'l Water Quality Control Bd., 36 Envtl. L. Rep. (Envtl. Law Inst.) 20026 (Cal. Ct. App. 2006). · cites it 2× “(Wat. Code, § 13330; Gov. Code, § 11350.) *1384 We hold the trial court properly sustained without leave to amend the State Board’s demurrer to the second amended petition for writ of mandate and complaint.”
City of Arcadia v. State Water Resources Control Bd., 2006 Cal. Daily Op. Serv. 797 (Cal. Ct. App. 2006). “Given the language italicized ante, Water Code section 13330 necessarily applies to an administrative appeal of a quasi-judicial action under Code of Civil Procedure section 1094.”
Royalty Carpet Mills, Inc. v. City of Irvine, 2005 Cal. Daily Op. Serv. 524 (Cal. Ct. App. 2005). “The petition was timely filed under the Public Resources Code, but untimely filed under the Water Code. (192 Cal.App.”
Cnty. of Los Angeles v. California State Water Resources Control Bd., 50 Cal. Rptr. 3d 619 (Cal. Ct. App. 2006). “) Water Code section 13330, subdivision (b) provides that a regional board order may be reviewed by a Code of Civil Procedure section 1094.”
Jordan v. City of Santa Barbara, 96 Cal. Daily Op. Serv. 4852 (Cal. Ct. App. 1996). “(Wat. Code, § 13330.) The permit specified that “[t]he discharge shall not contain biostimulatory substances in concentrations which promote aquatic growths that cause nuisance or adversely affect beneficial uses.”
Hampson v. Superior Court of Inyo Cty., 67 Cal. App. 3d 472 (Cal. Ct. App. 1977). · cites it 2× “(Wat. Code, § 13330, subd. (a).) 3 However, the regional board did not proceed pursuant to section 13263 but chose instead to adopt resolution 75-5 as an addendum to the water quality control plan.”
California v. Kinder Morgan Energy Partners, L.P., 569 F. Supp. 2d 1073 (S.D. Cal. 2008). “See Cal. Water Code § 13330 . Notably, however, the Water Boards have neither authority nor jurisdiction to award damages to injured parties, and pri- or State Board Orders emphasize the distinctions between Water Board proceedings and civil actions.”
Surfrider Found. v. California Reg'l Water Quality Control Bd., 42 Envtl. L. Rep. (Envtl. Law Inst.) 20248 (Cal. Ct. App. 2012). “Code, §§ 13320, 13330.) In the mandamus proceeding, the superior court is obliged to exercise its independent judgment on the evidence before the administrative agency, i.”
— Cal. Water Code § 13330(a) — 1 case
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