Water Replenishment AssessmentPenalties and Exemptions
Section § 60335
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.
Section § 60336
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.
Section § 60337
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.
Section § 60339
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.
Section § 60340
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.
Section § 60341
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.
Section § 60342
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.
Section § 60343
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.