Section § 60335

Explanation

If a producer doesn't pay their replenishment assessment within 30 days of the due date on purpose, they will have to pay the district extra interest. This interest is charged at 1 percent each month on the unpaid amount.

If any producer shall knowingly fail to pay a replenishment assessment within 30 days of when due, such producer shall become liable to the district for interest at the rate of 1 percent per month on the delinquent amount of the assessment.

Section § 60336

Explanation

If an operator of a water facility in California knowingly doesn't register their facility or fails to submit required water production or other reports, they will be fined $1,000 in addition to any interest penalties. This rule doesn't apply to facilities involved in lawsuits with water replenishment districts before July 1, 2013, until the case is resolved or all legal steps are completed.

(a)CA Water Code § 60336(a) Should any operator of a water-producing facility knowingly fail to register his or her water-producing facility or knowingly fail to file the groundwater production statement, or knowingly fail to file and furnish any other reports or statements required by resolution of the board adopted pursuant to Section 60326, the operator shall, in addition to interest as provided in Section 60335, become liable to the district for a penalty of one thousand dollars ($1,000).
(b)CA Water Code § 60336(b) The changes made to this section by the act adding this subdivision shall not apply to any operator of a water-producing facility that is a party to litigation involving a water replenishment district filed before July 1, 2013, until after the litigation is settled or all legal remedies have been exhausted.

Section § 60337

Explanation

This law allows the board to set a rate for a replenishment assessment for small water producers. If someone operates a water-producing facility with a discharge opening of no more than two inches and uses the water for domestic or irrigation purposes on land up to one acre, they must pay this set amount. These small producers do not need to submit a sworn statement detailing their groundwater production.

The board, at the time of fixing the replenishment assessment rate, may provide by resolution that any producer operating a water-producing facility having a discharge opening not greater than two inches in diameter and providing ground water for domestic or irrigation uses on an area not exceeding one acre in extent, shall pay the amount fixed in such resolution as the replenishment assessment to be paid by such producer. No sworn statement as to the production of ground water from such water-producing facility need be filed.

Section § 60339

Explanation

This law allows the superior court in the county where a water district is primarily located to issue a temporary restraining order if someone is operating a water-producing facility without registration or hasn't paid their required fees to the district. After a hearing, the court can also issue an injunction to stop the operation of such a facility, giving the operator up to 10 days to comply by registering the facility or paying the fees. Legal processes involve posting the court documents at the facility and personal delivery to the operator. This legal action complements any other rights for injunctions under other laws. If the district or water facility operator wins the case, they will get their attorney's fees and costs paid. Changes to this law don't affect ongoing litigation from before July 1, 2013, until resolved.

(a)CA Water Code § 60339(a) The superior court of the county in which the major portion of the district lies may issue a temporary restraining order upon the filing by the district with the court of a verified petition or complaint setting forth that the person named therein as defendant is the operator of a water-producing facility which has not been registered with the district or that the defendant is delinquent in the payment of a replenishment assessment. The temporary restraining order shall be returnable to the court on or before 10 days after its issuance.
(b)CA Water Code § 60339(b) The court may issue and grant an injunction restraining and prohibiting the named defendant from the operation of any water-producing facility when it is established by the preponderance of the evidence at a hearing that the defendant has failed to register the water-producing facility with the district or that the defendant is delinquent in the payment of a replenishment assessment. The court may provide that the injunction so made and issued shall be stayed for a period not to exceed 10 days to permit the defendant to register the water-producing facility or to pay the delinquent replenishment assessment.
(c)CA Water Code § 60339(c) Service of process shall be made by posting a copy of the summons and complaint upon the water-producing facility or the parcel of land upon which the water-producing facility is located and by personal service of summons and complaint upon the named defendant.
(d)CA Water Code § 60339(d) The right to proceed for injunctive relief as provided in this section shall be in addition to any other right which may be provided elsewhere in this act or which may be otherwise allowed by law. The procedure provided in Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure regarding injunctions shall be followed except insofar as it may be otherwise provided in this section.
(e)CA Water Code § 60339(e) The court shall direct that the district or operator of a water-producing facility be awarded the reasonable attorney’s fees and costs relating to a motion seeking injunctive relief under this section whenever the district or operator of a water-producing facility prevails on a petition or complaint.
(f)CA Water Code § 60339(f) The changes made to this section by the act adding this subdivision shall not apply to any operator of a water-producing facility that is a party to litigation involving a water replenishment district filed before July 1, 2013, until after the litigation is settled or all legal remedies have been exhausted.

Section § 60340

Explanation

This law allows a district board to investigate and report if they suspect that someone is using more groundwater than declared, or if no use was reported at all. They can set a maximum amount on groundwater production, unless a measuring device is in place, which is assumed accurate unless proven otherwise by the district.

Once a decision is made about groundwater usage, the board sends a notice to the operator, and the operator must pay any fees unless they protest within 10 days. If a protest is filed, a hearing will be held to decide the final amount and fees. The result is considered final if it's based on substantial evidence. The operator has 20 days to settle any charges after the final decision is mailed to them.

If the board of a district shall have probable cause to believe that the production of ground water from any water-producing facility is in excess of that disclosed by the sworn statements covering such water-producing facility, or if no statements are filed covering a water-producing facility, the board of such district may cause an investigation and report to be made concerning the production of ground water from such water-producing facility. The board of the district may fix the amount of ground water production from any such water-producing facility at an amount not to exceed the maximum production capacity of such water-producing facility; provided, however, where a water-measuring device is permanently attached thereto, the record of production as disclosed by such water-measuring device shall be presumed to be accurate and the burden is upon the district to establish to the contrary.
After such determination has been made by the board of the district, a written notice thereof shall be mailed to the operator of such water-producing facility at his address as shown by the district’s records. Any such determination made by the district shall be conclusive on the operator, and on any producer producing water from such water-producing facility, and the replenishment assessment based thereon, together with interest and penalties, shall be payable forthwith, unless such operator or producer shall file with the board of directors of the district within ten (10) days after the mailing of such notice a written protest setting forth the ground or grounds for protesting the amount of production so fixed or the replenishment assessment, interest, and penalties so levied thereon. Upon the filing of such protest, said board shall hold a hearing at which time the total amount of the ground water production and the replenishment assessment thereon shall be determined, and the interest and penalties fixed, which action shall be conclusive if based upon substantial evidence. A notice of such hearing shall be mailed to protestant at least 10 days before the date fixed for the hearing. Notice of the determination by the board shall be mailed to each protestant. The producer shall have 20 days from the date of mailing of such notice to pay the replenishment assessment, interest and penalties so fixed by the board.

Section § 60341

Explanation

This law allows a district to sue anyone who pumps groundwater within its area if they haven't paid a required fee, plus any interest or penalties. The court can give a judgment that includes the unpaid fees and any legal costs as the law allows. If the district needs to seize the defendant's property as part of the lawsuit, they don't have to provide any security or bonds that are usually required when doing so.

The district may bring a suit in the court having jurisdiction against any producer of ground water from the ground water supplies within the district for the collection of any delinquent replenishment assessment, interest, or penalties. The court having jurisdiction of the suit may, in addition to any judgment, award interest and costs on any judgment as allowed by law. Should the district seek an attachment against the property of any named defendant therein, the district shall not be required to furnish bond or other undertaking as provided in Part 2, Title 7, Chapter 4 of the Code of Civil Procedure.

Section § 60342

Explanation

After a year from a specific resolution, you can't produce groundwater in a district without a device that measures how much water you're using. This deadline can be extended if necessary, and notice of an extension will be published. There's an exemption for small operators using water for domestic or farm purposes on small plots, who pay a set fee. Breaking this law can lead to fines up to $1,000 or jail time up to six months, and each day you break it counts as a separate offense.

It shall be unlawful to produce groundwater from any water-producing facility within any district from and after one year following the adoption of the resolution provided for in Section 60305 hereof, unless such water-producing facility shall have a water-measuring device affixed thereto capable of registering the accumulated amount of groundwater produced therefrom.
The board by resolution may extend such date on a year-to-year basis upon its determination that availability, price of water-measuring devices, or other circumstances justify such extension. Should the date be extended, notice thereof shall be published in the district pursuant to Section 6066 of the Government Code, such publication to be completed not less than two months prior to the date so extended.
This section shall not be applicable to any operator of a water-producing facility having a discharge opening two inches or less in diameter and providing groundwater for domestic or irrigation uses on an area not exceeding one acre in extent, who is required to pay a replenishment assessment in an amount fixed by resolution of the board of the district as hereinabove in this act provided.
Violation of this section shall be punishable by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail for not to exceed six months, or by both such fine and imprisonment. Each day of operation of a water-producing facility in violation hereof shall constitute a separate offense.

Section § 60343

Explanation

This section allows a water district board to indefinitely suspend the requirement for water producers to install water-measuring devices, if another authority is already monitoring water production across the district effectively. However, the suspension does not impact any monitoring or requirements set by these other authorities.

The board can revoke the suspension through a new resolution, and this decision must be published in the district at least two months before it takes effect. Additionally, operators must be notified by mail, but any failure to mail does not change the implementation date of the revocation.

If another public entity, or public entities, or a watermaster, or watermasters, appointed in one or more court adjudications, or any combination of the foregoing (hereafter “other regulator or regulators”) is monitoring by appropriate means the water production of substantially all water producers within the district, the board may, by resolution, indefinitely suspend the date for affixing a water-measuring device as referenced in Section 60342.
The suspension does not affect any requirements of any other regulator or regulators. The suspension may be revoked, and the date for affixing water measuring devices established, by further board resolution.
All resolutions adopted under this section shall be published in the district pursuant to Section 6006 of the Government Code. In the case of any revocation, the publication shall be completed not less than two months prior to the operative date of the revocation. In the case of any revocation, notice of the operative date shall be given by first-class mail, postage prepaid, to operators at any address of record within the district within the time required for publication, but no defect in or failure to mail the notice to any operator affects the operative date of the revocation.