The diversion of floodflows for groundwater recharge shall not require an appropriative water right if all of the following conditions are met: (a) (1) A local or regional agency that has adopted a local plan of flood control pursuant to Section 8201 or has considered flood risk as part of its most recently adopted general plan has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures. (2) As used in this section, âfloodflowâ means any of the following: (A) Where a waterbody is subject to a defined flood stage, flows in excess of flood stage where actions are necessary to avoid threats to human health and safety. (B) (i) Except as provided in clause (ii), where a waterbody is not subject to a defined flood stage, surface water escaped from or is likely to imminently escape from a channel or waterbody causing or threatening to cause inundation of residential or commercial structures, or roads needed for emergency response. Likely imminent escape from a channel or waterbody shall be demonstrated by measured flows in excess of the maximum design capacity of a flood control project, where such a project is present and the maximum design capacity is readily available information. (ii) This subparagraph does not apply to flows that inundate wetlands, working lands, or floodplains, events that constitute a âdesign flood,â groundwater seepage, or waters confined to a âdesignated floodway.â (C) Where flows would inundate ordinarily dry areas in the bed of a terminal lake to a depth that floods dairies and other ongoing agricultural activities, or areas with substantial residential, commercial, or industrial development. (3) As used in this subdivision, âimminentâ means a high degree of confidence that a condition will begin in the immediate future. (b) The diversions cease when the flood conditions described in the public notice provided pursuant to subdivision (a) have abated to the point there is no longer a risk of flooding and inundation of land, roads, or structures downstream of the point of diversion. (c) Any water diverted is not diverted to, and will not be applied to, any of the following: (1) Any barns, ponds, or lands where manure or waste from an animal facility that generates waste from the feeding and housing of animals for more than 45 days per year in a confined area that is not vegetated are applied. (2) Any agricultural field that has been identified as an outlier with respect to nitrogen application by any of the following: (A) The board. (B) The appropriate regional board. (C) An agricultural coalition charged with implementation of the Irrigated Lands Regulatory Program. (3) Any area that could cause damage to critical levees, infrastructure, wastewater and drinking water systems, drinking water wells or drinking water supplies, or exacerbate the threat of flood and other health and safety concerns. (4) Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed wetlands. (d) With respect to diversions from water tributaries to the Sacramento-San Joaquin Delta (Delta), water rights holders are not making releases of stored water or reoperating facilities to provide flow for the purposes of meeting water quality control plan or endangered species requirements in the Delta at the time of the diversion. (e) The diversion of floodflows for groundwater recharge uses the following as part of the diversion: (1) Either existing diversion infrastructure or temporary pumps. (2) Existing groundwater recharge locations, where available. (3) No new permanent infrastructure or permanent co
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