SECTIONS 2850-2868 - California Statutes

WATER CODE

SECTION 2850-2868

2850. At the time of the submission of proofs, the board shall
collect from each claimant the fee established pursuant to Section
1528.

2851. At the time of, or as soon as practicable after the mailing
of, its order of determination the board shall compute the entire
expense it has incurred in performing the duties prescribed in this
chapter, including salaries, wages, traveling expenses, and all costs
of whatever character which are properly chargeable to the
proceeding.

2852. If the total amount of expense exceeds the total amount
received from claimants at the time of submission of proofs, the
excess expense shall be equitably apportioned by the board against
the parties to the proceeding.

2853. A statement setting forth the expense and the apportionments
thereof against the respective parties shall be sent by registered
mail by the board to each of the parties and filed with the court.

2855. Upon application in writing by any party aggrieved within 30
days after the statement of expense and the apportionment thereof has
been mailed to the parties, the court shall after expiration of said
period set for hearing the determination of any objections to the
expense or to the apportionments thereof.

2856. The clerk of the court shall, at least 10 days prior to the
date of hearing, give notice thereof by mail to all parties.

2857. If no objection is filed with the court within the prescribed
periods 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.

2858. Any party failing to object to the expense or the
apportionments thereof waives all objections thereto.

2859. Upon the hearing of objections to the expense or the
apportionments 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.

2862. All money paid to or collected by the board, as provided in
this article, shall be paid, at least once each month, accompanied by
a detailed statement thereof, into the Water Resources Control Board
Revolving Fund, which fund is continued in existence.

2863. All or any part of the money in the Water Resources Control
Board Revolving Fund may be drawn from the State Treasury upon the
approval of the Department of Finance without the submission of
receipts, vouchers, or itemized statements, and used by the board in
paying costs of making determinations of water rights as provided in
this part.

2864. If the funds available for use by the board are inadequate to
enable it to undertake the expense of any proceeding under this
chapter or if in its judgment reimbursement for the expense of any
such proceeding is not reasonably certain, it may refuse to proceed
with its investigation and to undertake the proceeding, unless and
until such provision is made by persons interested as may be
satisfactory to the board and deemed by it sufficient to secure
reimbursement or payment to it for its expenses.

2865. During the pendency of any proceedings under this chapter,
the board, after at least 20 days' notice to the parties, may order
interim or partial payments of the expense to be made by the parties
as the board deems proper and equitable under the circumstances.

2866. The Department of Finance shall, from time to time, review
the status of the Water Resources Control Board Revolving Fund to
determine whether there are excess amounts of money therein not
needed to carry out the provisions of this chapter. If the Department
of Finance determines there are such excess amounts of money in the
fund, it shall notify the State Controller and the State Controller
shall transfer such excess amounts of money to the General Fund.

2868. If a party fails to pay the expenses apportioned to that
party when due, the board may refer the matter for collection of the
unpaid expenses pursuant to Section 1536.