SECTIONS 2040-2048 - California Statutes

WATER CODE

SECTION 2040-2048

2040. In acting pursuant to this chapter the board shall not be
entitled to any fee for its services but shall be paid or reimbursed
the total expense incurred by it, including salaries, wages,
traveling expenses, and all costs of whatsoever character which are
properly chargeable to the reference.

2041. If the funds available for use by the board are inadequate to
permit it to advance the expense of a reference, or if in its
opinion the payment of the expense of any reference is not reasonably
certain, the board shall refuse to undertake a reference unless and
until adequate provision is made by the parties and approved by the
court for the payment of the expenses.

2042. During the pendency of any reference, upon motion of the
board and upon a hearing by the court after at least 10 days' notice
to the parties, the court may order such interim or partial payments
of the expense to be made by the parties as it deems proper and
equitable under the circumstances.

2043. The total expense shall be equitably apportioned by the board
against the parties to the suit, and a statement thereof and of the
apportionment shall be sent by registered mail by the board to the
parties and filed with the court.

2045. Upon application in writing by any party aggrieved within 30
days after the statement of final expense and its apportionment has
been mailed to the parties, the court shall after expiration of that
period set a hearing for the determination of any objections to the
expense of the reference or to the apportionment thereof. The clerk
of the court shall, at least 10 days prior to the date of hearing,
give notice thereof by mail to all parties.

2046. Any party failing to object to the expense of a reference or
the apportionment thereof is conclusively deemed to have waived all
objection thereto.

2047. If no objection is filed with the court within the prescribed
period, the court upon ex parte application of the board shall enter
a judgment against the parties in favor of the board in the amounts
apportioned to them.

2048. Upon the hearing of objections to the expense or the
apportionment thereof the court shall determine the expense and its
apportionment as the court deems equitable and shall enter judgment
against the parties in favor of the board in the amounts apportioned
to them.