SECTIONS 10650-10656 - California Statutes

WATER CODE

SECTION 10650-10656

10650. Any actions or proceedings to attack, review, set aside,
void, or annul the acts or decisions of an urban water supplier on
the grounds of noncompliance with this part shall be commenced as
follows:
(a) An action or proceeding alleging failure to adopt a plan shall
be commenced within 18 months after that adoption is required by
this part.
(b) Any action or proceeding alleging that a plan, or action taken
pursuant to the plan, does not comply with this part shall be
commenced within 90 days after filing of the plan or amendment
thereto pursuant to Section 10644 or the taking of that action.

10651. In any action or proceeding to attack, review, set aside,
void, or annul a plan, or an action taken pursuant to the plan by an
urban water supplier on the grounds of noncompliance with this part,
the inquiry shall extend only to whether there was a prejudicial
abuse of discretion. Abuse of discretion is established if the
supplier has not proceeded in a manner required by law or if the
action by the water supplier is not supported by substantial
evidence.

10652. The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code) does
not apply to the preparation and adoption of plans pursuant to this
part or to the implementation of actions taken pursuant to Section
10632. Nothing in this part shall be interpreted as exempting from
the California Environmental Quality Act any project that would
significantly affect water supplies for fish and wildlife, or any
project for implementation of the plan, other than projects
implementing Section 10632, or any project for expanded or additional
water supplies.

10653. The adoption of a plan shall satisfy any requirements of
state law, regulation, or order, including those of the State Water
Resources Control Board and the Public Utilities Commission, for the
preparation of water management plans or conservation plans;
provided, that if the State Water Resources Control Board or the
Public Utilities Commission requires additional information
concerning water conservation to implement its existing authority,
nothing in this part shall be deemed to limit the board or the
commission in obtaining that information. The requirements of this
part shall be satisfied by any urban water demand management plan
prepared to meet federal laws or regulations after the effective date
of this part, and which substantially meets the requirements of this
part, or by any existing urban water management plan which includes
the contents of a plan required under this part.

10654. An urban water supplier may recover in its rates the costs
incurred in preparing its plan and implementing the reasonable water
conservation measures included in the plan. Any best water management
practice that is included in the plan that is identified in the
"Memorandum of Understanding Regarding Urban Water Conservation in
California" is deemed to be reasonable for the purposes of this
section.

10655. If any provision of this part or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of this part which can be
given effect without the invalid provision or application thereof,
and to this end the provisions of this part are severable.

10656. An urban water supplier that does not prepare, adopt, and
submit its urban water management plan to the department in
accordance with this part, is ineligible to receive funding pursuant
to Division 24 (commencing with Section 78500) or Division 26
(commencing with Section 79000), or receive drought assistance from
the state until the urban water management plan is submitted pursuant
to this article.