i should clarify-
i know if it is a new house, you can calc it out, by increasing other parameters.
i'm asking about a replacement in an existing house.
the existing WH is 75 gallon, and they want to replace it with a 75 gallon...

also- if the existing was 50 gallon, could you replace with a 60 gallon???

It is not an addition or an alteration, not an improvement, it is a maintance issue.
2008 Nonres compliance manual
1.7.16 Repairs
.. .. . .. . Repairs shall not increase the preexisting energy consumption of the required component, system, or equipment.
50 gallon is NOT the max according to Cal Energy commision--

"I should've been clearer about my response - I was speaking of new construction only. The information you've taken from the CF-1R-ALT is actually an error and it is in the process of being revised. This rule only applies when you are adding one or more new water heaters, not replacing a water heater.

A replacement water heater is subject only to the mandatory measures. You may reference Standards Section 152(b)1.G. The standards are found at http://www.energy.ca.gov/title24/2008standards/.
form CF-1R Alt does not allow a wH over 50 gallons...

when replacing a WH , this form specifically says Wh over 50 gallons are not allowed (period)

apperently, that is not true, and was printed in error by the CA energy commision on the CF-1alt form.

according to the CA energy commision (the quote i posted above) it is o-k to replace an existing WH (that is already over 50 gallons) with a new WH (that is also over 50 gallons)
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