Section 735 - Napa River, Special(a) Budding grape vines and certain other crops in the Napa Valley may be severely damaged by spring frosts. During a frost, the high instantaneous demand for water for frost protection by numerous vineyardists and other water users frequently exceeds the supply in the Napa River stream system. This results in uncoordinated diversions and possible infringements upon other rights. Therefore, all diversions of water from the stream system between March 15 and May 15 determined to be significant by the board or a court of competent jurisdiction shall be considered unreasonably and a violation of Water Code Section 100 unless controlled by a watermaster administering a board or court approved distribution program. Diversions for frost protection and irrigation during this period shall be restricted to: (1) replenishment of reservoirs filled prior to March 15 under an appropriative water right permit, or(2) diversions permitted by the court.(b) The service area of the distribution program may be revised at any time by order of the board or the court. The board will retain jurisdiction to revise terms and conditions of all frost protection permits should future conditions warrant.(c) Under this section diversion of water during the spring frost season from March 15 to May 15 to replenish water stored in reservoirs prior to the frost season is "regulation," as defined in Article 2, Section 657: Replenishment diversion must be to reservoirs for which a permit or license authorizing winter storage prior to the frost season has been issued.Cal. Code Regs. Tit. 23, § 735
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Amendment filed 7-6-79; effective thirtieth day thereafter (Register 79, No. 27).
3. Repealer of former Section 735, and renumbering and amendment of former Sections 659 and 660 to Section 735 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 79, No. 41.
4. Editorial correction amending subsection (a) (Register 2005, No. 17). Note: Authority cited: Section 1058, Water Code. Reference: Section 2, Article X, California Constitution; and Sections 100, 275 and 1051.5, Water Code.
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Amendment filed 7-6-79; effective thirtieth day thereafter (Register 79, No. 27).
3. Repealer of former Section 735, and renumbering and amendment of former Sections 659 and 660 to Section 735 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 79, No. 41.
4. Editorial correction amending subsection (a) (Register 2005, No. 17).