The California Application to Appropriate Water by Permit is the form you file with the State Water Resources Control Board to get legal permission to divert and use surface water from a river, stream, or other watercourse for a new post-1914 water right. Any person, ranch, business, or public agency that wants to take surface water and does not already hold a riparian or pre-1914 right must file this Application to Appropriate Water (Permit) Form before a single drop is diverted.
Diverting water without this right is a trespass under California law, and it can bring fines that climb into the thousands of dollars per day. The full permitting process now runs through the State Water Board’s new online system, CalWATRS, and a regular-priority application can take five to seven years from filing to decision, so getting every box right the first time saves you years of delay.
Here is what you will learn in this guide:
- 💧 What the application is, who must file it, and the law that requires it
- 📋 The exact documents, maps, and numbers you must gather before you start
- ✍️ A line-by-line walkthrough of every field on the form, with sample entries
- 👨🌾 Three full real-world examples that follow named filers through the whole form
- ⚠️ The most common mistakes that get applications rejected and how to dodge them
What the Form Is and Who Must File It
The Application to Appropriate Water by Permit is the legal request that asks the State Water Board to authorize a new surface water diversion project. Since December 19, 1914, this application has been the only way to create a new appropriative water right in California, as explained on the Board’s Permitting and Licensing Program page. The form captures the who, what, where, when, and how much of your project so the Board can decide if there is water to spare and if your use serves the public interest.
You must file this application if you plan to divert surface water and you cannot claim a riparian right (land touching the water) or a pre-1914 right (use that began before the law took effect). A rancher pulling water from a creek for new pasture, a vineyard filling a storage pond, or a small water company serving homes all need this permit. If your project is small, you may instead qualify for a faster registration (up to 10 acre-feet for domestic use, or limited livestock and small irrigation uses), which is a lighter process than a full application.
The form is required by California Water Code section 1260, which lists every item the application must set forth. The agency that receives it is the Division of Water Rights inside the State Water Board. The deadline is simple but strict: you must file before you divert, because your priority date is set by the day the Board receives a complete application. File late, or divert first, and you risk losing priority to a competing user and facing an enforcement action for an unauthorized diversion.
Before You Start: Documents and Information You Need
Gather everything below before you open CalWATRS, because a missing item can stall your application for months. Priority in California water law runs “first in time, first in right,” so every day of delay can cost you standing against a competing applicant.
- Your legal name and mailing address. The Board mails official notices here, and a wrong address means you can miss a deadline and have your application cancelled.
- The source of water. You need the exact stream or watercourse name and the watershed it drains into, because the Board checks whether that source is a fully appropriated stream.
- The amount of water. Know your direct diversion rate (in cubic feet per second or gallons per minute) and your storage volume (in acre-feet); guessing high inflates your fee and your water availability burden.
- The point of diversion location. You need the latitude and longitude, plus the California Coordinate System or the 40-acre subdivision, section, township, and range, because vague locations get applications returned as deficient.
- A project map. The map must follow the Board’s regulations and show the point of diversion, place of use, and any reservoir; without a proper map under title 23 regulations, the application may not be accepted.
- The purpose and place of use. List each beneficial use (irrigation, domestic, stockwatering, recreation) and the acreage or parcel served, since the Board ties your right to those exact uses.
- A construction and use schedule. You must state when you will begin construction, finish it, and put the full amount to beneficial use, because the permit locks you to these dates.
- Fish and wildlife information. Collect any data on how the diversion may affect fish and wildlife, which Water Code section 1260(j) requires and the Department of Fish and Wildlife reviews.
- The filing fee. The base application fee is $1,000 plus $15 for each acre-foot above 10 acre-feet under title 23, section 1062, and an application without a fee is not accepted.
Where to Get the Form and How to Access It
The official Application to Appropriate Water by Permit now lives inside the State Water Board’s new CalWATRS portal, which replaced the older eWRIMS and WROF systems in 2025. The Board’s Water Rights Forms page (updated January 2026) confirms that the Permit Application Form is “available in CalWATRS” and that new permit applications must be submitted there. Always pull the form from this page so you have the current version, and check it again before filing because the Board is steadily moving more forms online.
To reach the form, create a CalWATRS account, log in, and select the new permit application workflow. The system walks you through the same fields the paper form once held, but it adds built-in checks that flag blank required boxes before you submit. You can save a draft and return to it, which helps when you are waiting on a map or a fish and wildlife data sheet.
If you are not sure whether you even need this form, start with the Board’s List of Fully Appropriated Stream Systems and the registration options. A small domestic or livestock project may qualify for a registration form instead, which costs less and processes faster. Pick the wrong track and you waste both the fee and months of review, so confirm your project size and use before you start typing.
Step-by-Step: How to Fill Out the Application to Appropriate Water Line by Line
The fields below follow Water Code section 1260, which lists in order every item the application must set forth. CalWATRS groups these into screens, but the legal content is the same. Treat each field as its own task, and fill it slowly.
1. Name and Post Office Address of the Applicant — Section 1260(a)
This field asks who is applying and where the Board should send mail. Enter your full legal name exactly as it appears on your deed or business registration, and give a complete mailing address with street, city, state, and ZIP. John A. Mercer writes his name and 14820 Coyote Creek Road, Hollister, CA 95023 in the address boxes. If you hold the property in an LLC or trust, enter the entity’s legal name, not your personal name, because the right is issued to the named applicant.
A common edge case is a P.O. Box: you may use it for the mailing address, but the Board still wants a physical project location elsewhere on the form. The most common mistake here is listing a nickname or an old address, and the direct consequence is that official notices and deadlines go to the wrong place, which can cause your application to be cancelled. Many people wrongly believe the address only matters for mail, but the applicant name printed here is the legal holder of the water right for decades to come, so an error follows the right through licensing.
2. Source of Water Supply — Section 1260(b)
This field asks where the water comes from. Name the exact watercourse and the larger stream or river it flows into, using the format Unnamed stream tributary to Coyote Creek, thence San Benito River. Maria Delgado enters Dry Creek, tributary to the Russian River for her vineyard pond. Use the name shown on a USGS topographic map, and if the stream has no name, describe it by its connection to a named watercourse.
The key edge case is a spring or seasonal stream: even a channel that flows only a few days a year is a watercourse, and collecting from it needs a right. The most common mistake is naming the wrong tributary or skipping the downstream river, and the consequence is a deficiency notice that pauses your priority while you fix it. People often think a small or dry-most-of-the-year creek is “not really a stream,” but the Board treats almost any natural channel as a source, so describe it honestly.
3. Nature and Amount of the Proposed Use — Section 1260(c)
This field asks how much water you want and for what. State your direct diversion rate and your storage amount, and list each purpose. John Mercer writes 0.5 cubic feet per second by direct diversion for irrigation of 40 acres, plus 15 acre-feet by storage for stockwatering. Use cubic feet per second (cfs) for flow and acre-feet (af) for storage, and tie the numbers to a real demand you can defend.
A frequent edge case is combined direct diversion and storage from the same point, which you must list separately so the Board can size each right. The most common mistake is asking for far more water than the project needs, and the consequence is a higher fee plus a heavier water availability burden that can sink the application. Many filers think a bigger number gives them “room to grow,” but the Board only permits the amount you show is reasonably necessary, so padding the figure backfires.
4. Location and Description of the Proposed Works — Section 1260(d)
This field asks about the physical structures that move and hold the water. Describe your headworks, ditch, canal, pipe, pump, and any dam or reservoir, with size and capacity. Maria Delgado writes a 4-inch intake pipe with a 5-horsepower pump feeding a lined 12 acre-foot offstream reservoir. Give dimensions for any reservoir, such as dam height, surface area, and storage volume.
The common edge case is an onstream dam, which triggers extra review and may be barred in the Northern California coastal counties under the Instream Flows Policy. The most common mistake is describing works that do not match the rate and volume you requested, and the consequence is a deficiency notice asking you to reconcile the numbers. People often assume an existing pipe or pond proves they have a right, but the Board warns that having a facility does not mean you have a water right.
5. Proposed Place of Diversion — Section 1260(e)
This field asks exactly where you will take the water from the source. Enter the latitude and longitude, plus the 40-acre subdivision, section, township, and range, and the county. John Mercer enters SW¼ of NE¼, Section 12, T11S R6E, MDB&M, San Benito County, 36.8512° N, 121.3847° W. Match this point to the marker on your project map.
A common edge case is more than one point of diversion, where each point needs its own full description. The most common mistake is a sloppy or guessed location, and the consequence is that the Board cannot verify the source and returns the application as deficient. Many people think “near my pump” is close enough, but water rights are tied to precise points, and a wrong location can later cloud the validity of your right.
6. Place Where the Water Will Be Used — Section 1260(f)
This field asks where the water actually gets put to use. Describe the place of use by acreage and legal description, or by parcel number, and shade it on your map. Maria Delgado writes 35 acres of wine grapes within the NW¼ of Section 8, T9N R10W, Sonoma County, APN 091-120-045. The place of use must lie within an area your right can serve.
The key edge case is water used on land you lease rather than own, which is allowed but should be described clearly. The most common mistake is a place of use that does not match the acreage in your amount field, and the consequence is a review hold while staff sort out the discrepancy. People often believe they can move the water anywhere later, but changing the place of use after the permit issues requires a separate petition for change and Board approval.
7. Time to Begin Construction — Section 1260(g)
This field asks when you will start building the project. Give a realistic calendar date or a period after the permit issues, such as within 6 months of permit issuance. John Mercer enters construction to begin by October 1 following permit issuance. Be honest, because this date becomes a binding permit term.
A common edge case is a phased project, where you note that construction starts in stages and explain the first phase. The most common mistake is promising an early start you cannot meet, and the consequence is that you may need a petition for extension of time later or risk revocation. Many filers treat these dates as soft estimates, but the Board enforces the development schedule, so set dates you can actually hit.
8. Time Required to Complete Construction — Section 1260(h)
This field asks how long the building work will take. State the time from start to finish, such as 12 months from commencement of construction. Maria Delgado writes reservoir and intake complete within 18 months of starting. Allow enough time for weather, permits from other agencies, and contractor schedules.
The common edge case is a large reservoir that needs a dam safety review, which can stretch the timeline, so build in margin. The most common mistake is a completion window that is too tight, and the consequence is missed permit deadlines that force an extension petition. People often think they can finish faster than reality allows, but a blown deadline puts the whole permit at risk, so pad the schedule.
9. Time for Complete Application of Water to Use — Section 1260(i)
This field asks when you will put the full amount of water to beneficial use. Give the date or period by which the project reaches full use, such as full beneficial use within 3 years of permit issuance. John Mercer enters all 40 acres irrigated and full storage in use within 4 years. This date controls when your project is ready for licensing.
A common edge case is a slowly developing operation, like an orchard that reaches full water demand only after trees mature; describe that ramp-up. The most common mistake is claiming full use far sooner than the project can deliver, and the consequence is that you cannot meet the schedule and must petition for more time. Many people confuse finishing construction with full beneficial use, but the Board cares about water actually used, not just built works.
10. Fish and Wildlife Information — Section 1260(j)
This field asks for any data on how your diversion affects fish and wildlife, plus protective measures you propose. Provide what you know and what you can get from the Department of Fish and Wildlife, and describe steps like a fish screen or a bypass flow. Maria Delgado writes intake fitted with a 3/32-inch fish screen; diversion limited to high-flow winter months to protect steelhead. Even a short, honest statement is better than a blank box.
The common edge case is a stream with listed species like coho salmon or steelhead, where the Board imposes strict bypass flows. The most common mistake is leaving this field empty, and the consequence is a deficiency notice plus a likely public trust review that delays the permit. People often think fish issues only matter for big projects, but the Board must weigh instream uses for every diversion, so address it directly.
11. Water Availability Information — Section 1260(k)
This field asks you to show that unappropriated water is actually available for your project. Provide enough information, often a water supply report or water availability analysis, to show a reasonable likelihood that water is there after senior rights and instream needs are met. John Mercer attaches a water availability analysis prepared by a licensed engineer showing surplus winter flow in Coyote Creek. For most projects an engineering consultant prepares this analysis.
The key edge case is a fully appropriated stream, where no water is available in the listed season and the application may be rejected unless paired with a petition to revise the declaration. The most common mistake is assuming water is available without proof, and the consequence is that the Board cannot make the required availability finding and denies the permit. Many filers think visible flow in the creek proves availability, but senior rights and instream flow needs often claim that water first.
12. Environmental Information and CEQA Compliance
This field, handled through the Environmental Information Form and CEQA review, asks about your project’s effect on the environment. Describe the project setting, nearby resources, and any impacts, and attach photographs and the required map as the regulations direct. Maria Delgado submits dated color photos upstream and downstream of the intake and at the vineyard place of use. The California Environmental Quality Act requires this review before any permit can issue.
A common edge case is a large project that needs a full Environmental Impact Report rather than a simpler exemption. The most common mistake is treating CEQA as optional, and the consequence is that the Board cannot issue the permit until environmental review is complete, which can add years. People often think CEQA only applies to construction permits, but the State Water Board acts as a CEQA agency for water right permits, so it applies to you.
13. Signature and Certification
This field asks you to sign and certify that everything you entered is true and complete. Sign in CalWATRS as the applicant or an authorized agent, and date the certification. John Mercer certifies and e-signs the application on the date he submits it. If a consultant or attorney files for you, they sign as your authorized agent.
The common edge case is a joint application by co-owners, where each owner or an authorized representative must sign. The most common mistake is submitting without a valid signature, and the consequence is that the application is not a bona fide filing and is not accepted. Many people think an unsigned draft still holds their priority date, but priority attaches only when a complete, signed application with the fee is received.
Three Filled-Out Examples Using Real Scenarios
Below are three named filers who carry projects through the whole form. Each table shows what they enter in the key sections.
Scenario A: John Mercer, Rancher Irrigating Pasture from a Creek
John runs cattle near Hollister and wants to divert from Coyote Creek to irrigate 40 acres of pasture and fill a stockpond.
| Form Section | What John Enters |
|---|---|
| Applicant Name and Address | John A. Mercer, 14820 Coyote Creek Road, Hollister, CA 95023 |
| Source of Water | Coyote Creek, tributary to the San Benito River |
| Amount of Use | 0.5 cfs direct diversion; 15 acre-feet storage |
| Proposed Works | Gravity intake, 1,200 feet of pipe, 15 af stockpond |
| Place of Diversion | SW¼ NE¼, Sec. 12, T11S R6E, MDB&M, San Benito County |
| Place of Use | 40 acres pasture, same section, APN 020-310-014 |
| Purpose | Irrigation and stockwatering |
| Schedule | Begin in 6 months, complete in 12 months, full use in 4 years |
| Fish and Wildlife | Winter diversion only; screened intake |
Scenario B: Maria Delgado, Vineyard Owner Filling an Offstream Pond
Maria grows wine grapes in Sonoma County and wants to store winter water in an offstream reservoir for frost protection and irrigation.
| Form Section | What Maria Enters |
|---|---|
| Applicant Name and Address | Maria Delgado, P.O. Box 318, Healdsburg, CA 95448 |
| Source of Water | Dry Creek, tributary to the Russian River |
| Amount of Use | 12 acre-feet by storage |
| Proposed Works | 4-inch pipe, 5 hp pump, lined 12 af offstream reservoir |
| Place of Diversion | NW¼ Sec. 8, T9N R10W, Sonoma County, 38.61° N, 122.92° W |
| Place of Use | 35 acres wine grapes, APN 091-120-045 |
| Purpose | Irrigation and frost protection |
| Schedule | Begin in 4 months, complete in 18 months, full use in 3 years |
| Fish and Wildlife | 3/32-inch fish screen; high-flow diversion to protect steelhead |
Scenario C: Pine Ridge Mutual Water Company, Small Community System
Pine Ridge serves 60 rural homes and wants a permit to divert spring water for domestic use through its existing system.
| Form Section | What Pine Ridge Enters |
|---|---|
| Applicant Name and Address | Pine Ridge Mutual Water Company, 2200 Ridge Road, Auburn, CA 95603 |
| Source of Water | Unnamed spring tributary to Bear River |
| Amount of Use | 0.2 cfs direct diversion; 8 acre-feet storage |
| Proposed Works | Spring box, 2-inch transmission main, 8 af tank |
| Place of Diversion | NE¼ Sec. 4, T13N R8E, MDB&M, Placer County |
| Place of Use | 60 residential parcels within the service area |
| Purpose | Domestic and municipal |
| Schedule | Begin in 3 months, complete in 9 months, full use in 2 years |
| Fish and Wildlife | Spring source; minimal instream impact, bypass maintained |
How to File the Completed Form
The State Water Board has moved new permit applications online, so the main filing channel is the CalWATRS portal. Below is how each available channel works, what it costs, and what proof to keep.
CalWATRS online portal. This is now the required channel for new permit applications, reached through the Board’s Permitting Program page. The base filing fee under title 23, section 1062 is $1,000 plus $15 for each acre-foot above 10 acre-feet, and the fee includes a non-refundable initial review portion of $500 plus 10 percent of the application fee. CalWATRS accepts electronic payment, processes regular-priority applications over an estimated five to seven years, and gives you a confirmation and a tracking record; save your submission confirmation and payment receipt as proof of filing.
Hard copy by mail. The Board is phasing out paper, but some forms are still accepted by mail to the Division of Water Rights, P.O. Box 2000, Sacramento, CA 95812-2000; always check the Water Rights Forms page first because permit applications now point to CalWATRS. If a paper filing is allowed, include a check payable to the State Water Resources Control Board for the calculated fee, and mail it with delivery tracking. Keep the certified mail receipt and a full copy of everything you sent as your proof of filing.
By phone for help. You cannot file by phone, but you can call the Division of Water Rights at (916) 341-5300 with questions about the form, your fee, or your pending application. For a pending application, the assigned lead staff listed in your CalWATRS Milestone Summary Report is your direct contact. Keep notes of any call, including the date and the staffer’s name, in case a dispute about timing comes up later.
What Happens After You File
After you submit, the Board reviews your application for completeness and tells you within 30 days whether it is complete or deficient, as described on the Permitting Program page. If it is deficient, you get a set time to fix the gaps; if it is complete, your priority date is locked as the day the Board received it. This priority date is your place in line and matters greatly in dry years.
Next, the Board publishes a public notice of your application, and any person may file a protest. You and any protestant must make a good-faith effort to resolve the protest, often by agreeing to conditions; if a small project’s protest stays unresolved, staff run a field investigation, while large projects may go to a hearing. The Board must also complete CEQA environmental review and find that unappropriated water is available and that your use serves the public interest before it issues a permit.
Once issued, the permit sets deadlines to begin construction, finish it, and put water to full beneficial use. When you complete the project and use the water, you notify the Board, which inspects or reviews your data and may issue a license, the final confirmation of your right. The license lasts as long as you meet its conditions and keep using the water beneficially.
Mistakes to Avoid When Filling Out the Form
Each mistake below has stalled or sunk real applications, so check your form against this list before you submit.
- Filing without the fee, which means the Board will not even accept the application for review.
- Requesting far more water than your project needs, which raises your fee and your water availability burden.
- Naming the wrong tributary or skipping the downstream river, which triggers a deficiency notice.
- Giving a vague point of diversion, which makes the Board unable to verify the source.
- Submitting without the required map, which under title 23 regulations can stop acceptance.
- Leaving the fish and wildlife field blank, which forces a public trust review delay.
- Assuming water is available without a supply analysis, which blocks the required availability finding.
- Applying to divert from a fully appropriated stream, which leads to rejection unless paired with a petition.
- Setting construction and use dates you cannot meet, which forces later extension petitions or risks revocation.
- Using a nickname or entity error in the applicant name, which clouds who legally holds the right.
- Skipping CEQA environmental information, which means no permit can issue until review is done.
- Submitting an unsigned application, which is not a bona fide filing and does not hold your priority date.
Do’s and Don’ts
Do:
- Do file before you divert, because your priority date depends on the day the Board receives a complete application.
- Do request only the water you can show is reasonably necessary, because the Board permits no more than that.
- Do prepare a clean, regulation-compliant map, because applications without proper maps may not be accepted.
- Do hire an engineer for the water availability analysis, because most applicants cannot prove availability alone.
- Do check the fully appropriated streams list first, because filing on a closed stream usually leads to rejection.
- Do keep your confirmation and receipt, because they are your proof of filing and priority.
Don’t:
- Don’t assume an existing pump or pond gives you a right, because the Board warns facilities do not equal rights.
- Don’t pad your requested amount, because oversized requests raise fees and weaken your availability case.
- Don’t leave the fish and wildlife or CEQA sections blank, because the Board must weigh instream and public trust uses.
- Don’t promise dates you cannot meet, because the Board enforces the development schedule.
- Don’t ignore a deficiency notice deadline, because missing it can cancel your application.
- Don’t move your place of use without approval, because that needs a separate petition for change.
Pros and Cons of Filing on Your Own vs. With Help
Many small filers wonder whether to file pro se or hire a consultant or attorney. The table below frames the trade-off.
| Filing on Your Own | Filing With Professional Help |
|---|---|
| Saves consultant fees, which matters for small budgets | Costs more, but a specialist handles the technical work |
| Forces you to learn the process, which helps long term | Saves your time across a five-to-seven-year process |
| Risky on the water availability analysis, which is technical | Engineers prepare a defensible availability analysis |
| Higher chance of a deficiency notice that delays priority | Lower error rate, which protects your priority date |
| Workable for a simple, small offstream project | Strongly advised for fully appropriated streams or onstream dams |
More pros of going pro se: you keep full control of the timeline, and you avoid markup on routine paperwork. More cons of going pro se: a single technical error on availability or CEQA can cost years, and protests are harder to resolve without experience. A further pro of hiring help: the Board itself suggests engaging a water rights consultant or attorney when your project hits special criteria like an adjudicated source.
FAQs
Do I need this permit if my land touches the stream?
No. Land that borders a watercourse may carry a riparian right that needs no Board permit, though that right has limits and does not cover storage or use on non-riparian land.
Do I have a water right just because I already have a pipe or pond?
No. The State Water Board warns that owning a diversion facility does not give you a water right, and diverting without one is a trespass that can bring fines.
Do I write my personal name or my LLC’s name as the applicant?
No, not your personal name if the property is held by an entity; enter the LLC, trust, or company’s exact legal name, because the right is issued to the named applicant.
Do I list direct diversion and storage as one number?
No. List your direct diversion rate in cubic feet per second and your storage in acre-feet separately, so the Board can size and review each part of the right.
Do I have to name the downstream river in the source field?
Yes. Name the watercourse and the larger stream or river it flows into, because a source described only as an unnamed creek is usually returned as deficient.
Do I need exact coordinates for the point of diversion?
Yes. Provide latitude and longitude plus the section, township, and range, because a vague location stops the Board from verifying the source and triggers a deficiency notice.
Do I have to fill out the fish and wildlife section for a small project?
Yes. Water Code section 1260 requires fish and wildlife information for every application, and a blank box forces a public trust review that delays your permit.
Do I owe the fee even if my application is rejected?
Yes. The fee includes a non-refundable initial review portion of $500 plus 10 percent of the application fee, which is not refunded once review begins.
Do I file this form online now?
Yes. New permit applications must be submitted through the State Water Board’s CalWATRS portal, which replaced the older eWRIMS and WROF systems in 2025.
Do I qualify for a faster process if my project is small?
Yes. Small domestic, livestock, or small irrigation projects may use a registration instead of a full application, which costs less and processes faster.
Do I keep my priority date if I file an unsigned draft?
No. Priority attaches only when the Board receives a complete, signed application with the fee, so an unsigned draft holds nothing.
Do I need approval to move my water to a different field later?
Yes. Any change to your place of use, point of diversion, or purpose after the permit issues requires a petition for change and Board approval.
Do I have to do CEQA review for a water right permit?
Yes. The California Environmental Quality Act applies, and the Board cannot issue any permit until environmental review of the project is complete.
Do I need a water availability analysis even if the creek looks full?
Yes. Visible flow does not prove availability, because senior rights and instream needs may claim it first, so you must show unappropriated water exists.
Related reading
- How to Fill Out the Washington Ecology Water Quality Modification Permit + FAQs
- How to Fill Out the Washington Ecology NPDES Construction Stormwater Permit (Notice of Intent) + FAQs
- How to Fill Out a Georgia EPD Groundwater Withdrawal Permit + FAQs
- How to Fill Out the California Land Reuse and Revitalization Act Application + FAQs
- How to Fill Out the Dam Safety Permit Application (w/Examples) + FAQs
- How to Fill Out the Section 404 Wetlands Permit (Joint Application) + FAQs