SECTIONS 10754-10754.3 - California Statutes

WATER CODE

SECTION 10754-10754.3

10754. For purposes of groundwater management, a local agency that
adopts a groundwater management plan pursuant to this part has the
authority of a water replenishment district pursuant to Part 4
(commencing with Section 60220) of Division 18 and may fix and
collect fees and assessments for groundwater management in accordance
with Part 6 (commencing with Section 60300) of Division 18.

10754.2. (a) Subject to Section 10754.3, except as specified in
subdivision (b), a local agency that adopts a groundwater management
plan pursuant to this part, may impose equitable annual fees and
assessments for groundwater management based on the amount of
groundwater extracted from the groundwater basin within the area
included in the groundwater management plan to pay for costs incurred
by the local agency for groundwater management, including, but not
limited to, the costs associated with the acquisition of
replenishment water, administrative and operating costs, and costs of
construction of capital facilities necessary to implement the
groundwater management plan.
(b) The local agency may not impose fees or assessments on the
extraction and replacement of groundwater pursuant to a groundwater
remediation program required by other provisions of law or a
groundwater storage contract with the local agency.

10754.3. Before a local agency may levy a water management
assessment pursuant to Section 10754.2 or otherwise fix and collect
fees for the replenishment or extraction of groundwater pursuant to
this part, the local agency shall hold an election on the proposition
of whether or not the local agency shall be authorized to levy a
groundwater management assessment or fix and collect fees for the
replenishment or extraction of groundwater. The local agency shall be
so authorized if a majority of the votes cast at the election is in
favor of the proposition. The election shall be conducted in the
manner prescribed by the laws applicable to the local agency or, if
there are no laws so applicable, then as prescribed by laws relating
to local elections. The election shall be conducted only within the
portion of the jurisdiction of the local agency subject to
groundwater management pursuant to this part.