(a) A water right may be forfeited for failure to timely commence
or complete construction of the diversion facilities as provided by §295.72
of this title (relating to Applications for Extension of Time).
(b) A temporary or term permit may be revoked or suspended
upon written or verbal notice by the executive director or watermaster, as
applicable, without hearing if necessary to protect senior and vested water
rights or instream uses and freshwater inflow needs for bays and estuaries.
Notice of such revocation shall also be provided to the affected water right
holder by registered mail, return receipt requested.
(c) Authorization to divert water from a reservoir constructed
by the federal government for which no local sponsor has been designated nor
permit issued or a reservoir permitted for storage solely for the purpose
of optimum development of the project may be revoked when compliance with
the conditions contained in the letter authorizing the diversion of water
is not occurring or, in the case of authorized diversions for domestic use,
water becomes reasonably available through a water supply system. Revocation
shall be made by a letter setting forth the basis of the revocation signed
by a commissioner. Upon receipt of the letter, the user shall cease diverting
water and remove diversion facilities.
(d) This section does not apply to a permit for construction
of a reservoir designed for storage of more than 50,000 acre-feet of water.
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