From Water Deeply:
“Researchers at the University of California recently highlighted a flaw in state law that may prohibit diverting streamflow to recharge groundwater. The problem is that groundwater recharge by itself is not considered a “beneficial use” under state law, and meeting that definition is a requirement to obtain a permit to divert water.
Officials at the State Water Resources Control Board, which oversees water rights, say the reality is not so clear-cut. In fact, existing rules allow most groundwater recharge projects to obtain a water right. It’s just that they may not be awarded that right for the act of recharge by itself. The applicant would have to specifically target some ancillary benefit of recharge, such as salinity control in an aquifer or reversing land subsidence caused by overpumping groundwater. … ”
Read more from Water Deeply here: Why California law requires a clear benefit for groundwater recharge