SECTIONS 174-188.5 - California Statutes

WATER CODE

SECTION 174-188.5

174. The Legislature hereby finds and declares that in order to
provide for the orderly and efficient administration of the water
resources of the state it is necessary to establish a control board
which shall exercise the adjudicatory and regulatory functions of the
state in the field of water resources.
It is also the intention of the Legislature to combine the water
rights and the water pollution and water quality functions of state
government to provide for consideration of water pollution and water
quality, and availability of unappropriated water whenever
applications for appropriation of water are granted or waste
discharge requirements or water quality objectives are established.

175. (a) There is in the California Environmental Protection Agency
the State Water Resources Control Board consisting of five members
appointed by the Governor. One of the members appointed shall be an
attorney admitted to practice law in this state who is qualified in
the fields of water supply and water rights, one shall be a
registered civil engineer under the laws of this state who is
qualified in the fields of water supply and water rights, one shall
be a registered professional engineer under the laws of this state
who is experienced in sanitary engineering and who is qualified in
the field of water quality, and one shall be qualified in the field
of water quality. One of the above-appointed persons, in addition to
having the specified qualifications, shall be qualified in the field
of water supply and water quality relating to irrigated agriculture.
One member shall not be required to have specialized experience.
(b) Each member shall represent the state at large and not any
particular portion thereof and shall serve full time. The board
shall, to the extent possible, be composed of members from different
regions of the state. The appointments made by the Governor shall be
subject to confirmation by the Senate in accordance with Article 2
(commencing with Section 1770) of Chapter 4 of Division 4 of Title 1
of the Government Code.

175.5. (a) No member of the board shall participate in any board
action pursuant to Article 2 (commencing with Section 13320) of
Chapter 5 of Division 7 which involves himself or herself or any
waste discharger with which the board member is connected as a
director, officer or employee, or in which the board member has a
financial interest in the decision within the meaning of Section
87103 of the Government Code.
(b) No board member shall participate in any proceeding before any
regional board as a consultant or in any other capacity on behalf of
any waste discharger.
(c) Upon the request of any person, or on the Attorney General's
own initiative, the Attorney General may file a complaint in the
superior court for the county in which the board has its principal
office alleging that a board member has knowingly violated this
section and the facts upon which the allegation is based and asking
that the member be removed from office. Further proceedings shall be
in accordance as near as may be with rules governing civil actions.
If after trial the court finds that the board member has knowingly
violated this section it shall pronounce judgment that the member be
removed from office.

176. The annual salary of the members of the board is provided for
by Chapter 6 (commencing at Section 11550) of Part 1 of Division 3 of
Title 2 of the Government Code. Each member of the board shall
receive the necessary traveling and other expenses incurred by him in
the performance of his official duties out of appropriations made
for the support of the board. When necessary the members of the board
may travel within or without the State.

177. All members of the board shall be appointed for terms of four
years. Vacancies shall be immediately filled by the Governor for the
unexpired portion of the terms in which they occur.

178. The members of the board may be removed from office by the
Legislature, by concurrent resolution adopted by a majority vote of
all members elected to each house, for dereliction of duty or
corruption or incompetency.

179. The board succeeds to and is vested with all of the powers,
duties, purposes, responsibilities, and jurisdiction vested in the
Department and Director of Public Works, the Division of Water
Resources of the Department of Public Works, the State Engineer, the
State Water Quality Control Board, or any officer or employee
thereof, under Division 2 (commencing with Section 1000), except Part
4 (commencing with Section 4000) and Part 6 (commencing with Section
5900) thereof; and Division 7 (commencing with Section 13000) of
this code, or any other law under which permits or licenses to
appropriate water are issued, denied, or revoked or under which the
functions of water pollution and quality control are exercised.

179.6. The board, or representatives authorized by the board to do
so, may call, conduct or attend conferences or hearings, official or
unofficial, within or without this state, or otherwise participate in
such conferences or hearings with interested persons, agencies or
officers, of this or any other state, or with the Congress of the
United States, congressional committees, or officers of the federal
government, concerning any matter within the scope of the power and
duties of the board.

179.7. As to any matter involving the United States, its
departments or agencies, which is within the scope of the power and
duties of the board, the board may represent the interest of the
state or any county, city, state agency or public district upon their
request, and to that end may correspond, confer and cooperate with
the United States, its departments or agencies, and where necessary
the board members, or authorized representatives, may travel either
within or without the state.

181. The board shall maintain its headquarters at Sacramento and
may establish branch offices in such parts of the state as the board
deems necessary. The board shall hold meetings at such times and at
such places as shall be determined by it. The Governor shall
designate the time and place for the first meeting of the board.
Three members of the board shall constitute a quorum for the purpose
of transacting any business of the board.

182. The Governor shall designate the chairperson of the board from
the membership of the board. The person so designated shall hold the
office of chairperson at the pleasure of the Governor. The board
shall elect a vice chairperson.

183. The board may hold any hearings and conduct any investigations
in any part of the state necessary to carry out the powers vested in
it, and for such purposes has the powers conferred upon heads of
departments of the state by Article 2 (commencing with Section
11180), Chapter 2, Part 1, Division 3, Title 2 of the Government
Code.
Any hearing or investigation by the board may be conducted by any
member upon authorization of the board, and he shall have the powers
granted to the board by this section, but any final action of the
board shall be taken by a majority of all the members of the board,
at a meeting duly called and held.
All hearings held by the board or by any member thereof shall be
open and public

184. The Department of Water Resources shall have an interest and
may appear as a party in any hearing held by the board and may
commence or appear in any judicial proceeding brought to inquire into
the validity of any action, order, or decision of the board.

185. The board shall adopt rules for the conduct of its affairs in
conformity, as nearly as practicable, with the provisions of Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.

186. (a) The board shall have any powers, and may employ any legal
counsel and other personnel and assistance, that may be necessary or
convenient for the exercise of its duties authorized by law.
(b) For the purpose of administration, the board shall organize
itself, with the approval of the Governor, in the manner it deems
necessary properly to segregate and conduct the work of the board.
The work of the board shall be divided into at least two divisions,
known as the Division of Water Rights and the Division of Water
Quality. The board shall appoint a deputy director or division chief
for each division, who shall supervise the work of the division and
act as technical adviser to the board on functions under his or her
jurisdiction.
(c) The Attorney General shall represent the board, or any
affected regional water quality control board, or both the board and
the regional board, and the state in litigation concerning affairs of
the board, or a regional board, or both, unless the Attorney General
represents another state agency that is a party to the action. In
that case, the Attorney General may represent the board, the regional
board, or both, with the written consent of the board and the other
state agency, the board may contract for the services of private
counsel to represent the board, the regional board, or both, subject
to Section 11040 of the Government Code, or the legal counsel of the
board may represent the board, the regional board, or both. Sections
11041, 11042, and 11043 of the Government Code are not applicable to
the board. The legal counsel of the board shall advise and furnish
legal services, except representation in litigation, to the regional
boards upon their request.

187. The board, regional water quality control boards, the
Department of Water Resources, and other state agencies shall, to the
fullest extent possible, exchange records, reports, material, and
any other information relating to water, water rights, water
pollution or quality, or any areas of mutual concern, to the end that
unnecessary duplication of effort may be avoided.

188. The board may expend money appropriated for the administration
of the laws the administration of which is committed to the board.
Such expenditures by the board shall be made in accordance with
law in carrying on the work for which the appropriations were made.

188.5. The board shall publish biennial progress reports relating
to the activities of the board and California regional water quality
control boards.