SECTIONS 60325-60329 - California Statutes

WATER CODE

SECTION 60325-60329

60325. The district, after the levying of the replenishment
assessment, shall give notice thereof to the operators of all
water-producing facilities in the district as disclosed by the
records of such district, which notice shall state the rate of
replenishment assessment for each acre-foot of ground water to be
produced during the ensuing fiscal year. The notice may be sent by
postal card or by other first-class mail with postage prepaid by the
district.

60326. The operator of each water-producing facility within the
district, on or before the last day of the month immediately
following the respective quarterly periods ending March 31st, June
30th, September 30th, and December 31st of each year, shall file with
the district a sworn statement setting forth the total production in
acre-feet of ground water from such water-producing facility during
the respective quarterly periods immediately preceding the filing of
the respective statements, a general description or number locating
such water-producing facility, and the method or basis of the
computation of such ground water production. Each statement also
shall contain such other information as the district may require. The
first such statement required to be filed after the formation of
such district shall cover the first calendar quarter commencing not
less than thirty (30) days after such formation.
If the board by its resolution determines that additional reports
or statements are necessary or useful to carry out the purposes of
this act and to administer the replenishment of the ground water
supplies within the district, then the board shall by its resolution
so declare and shall give notice of the adoption of said resolution
by immediately publishing the same in each affected county pursuant
to Section 6061 of the Government Code. Effective thirty (30) days
after such publication, the operator of each water-producing facility
in such district shall file with the district the report or
statement required by such resolution, at such times and in such
manner and form as are provided in such resolution.

60326.1. Notwithstanding Section 60326, the operator of each
water-producing facility in the Water Replenishment District of
Southern California shall file with the district, by the last day of
the month following the statement period, a sworn statement declaring
all of the following:
(a) The facility's total groundwater production, measured in
acre-feet, during the month preceding the filing of the statement.
(b) A general description or number locating the facility.
(c) The method used to compute the groundwater production.
(d) Other information that the district may require.

60327. Any replenishment assessment levied pursuant to this act
shall be due and payable to the district by each producer in
quarterly installments on the last day for filing the statement of
the production of ground water from the water-producing facility
operated by such producer during the quarterly period required to be
covered by such statement. The amount so due and payable shall be
computed by multiplying the production in acre-feet of ground water
so produced from such water-producing facility, as reported in such
statement, by the rate of the replenishment assessment fixed and
levied by the board of the district for the fiscal year in which such
production shall occur.

60327.1. Notwithstanding Section 60327, each producer shall pay the
Water Replenishment District of Southern California a replenishment
assessment, imposed pursuant to this act, in monthly installments due
on the last day for filing the groundwater production statement
required by Section 60326.1. The assessment amount shall be computed
by multiplying the facility's stated groundwater production, measured
in acre-feet, by the replenishment assessment rate imposed by the
district board for the fiscal year in which the production occurs.

60328. The board shall authorize, and the district shall make,
refunds in whole or in part of replenishment assessments theretofore
paid, to any producer who has erroneously overstated his production
of ground water in any sworn statement for a quarterly period
required under the provisions of Section 60326, and who has overpaid
his replenishment assessment for that quarter, but only upon
compliance by the producer with the procedure hereinafter set forth
and within the time hereinafter provided.
Any such producer, within one year of the last day for filing of
the said sworn statement for the quarterly period in question, may
file a verified application with the district on a form to be
furnished by the district, containing such information as the
district may require, requesting a refund of that portion of any
replenishment assessment claimed to have been paid by reason of that
producer's erroneous overstatement of ground water production. If
incomplete information is contained in said application, or if the
board desires other or further information than called for by that
application, the same shall also be furnished by a verified statement
within 30 days of mailing of written notice of request therefor to
the producer at his address as shown by the district's records, or
the application shall be deemed abandoned. Such request by the board
shall not cause any application otherwise timely filed to be
considered as not filed within said one-year period. The board may
authorize, and the district may pay, any refund claimed without a
hearing thereon, but no application shall be denied in whole or in
part without a hearing being accorded to the applicant in which he
shall have the burden of proof. Any determination by the board on any
matter in connection with said application shall be final and
conclusive upon the producer.
Any refund authorized to be paid under the provisions of this
section may be paid only out of moneys realized from replenishment
assessments levied pursuant to Section 60317, then or thereafter
raised. Upon election of the producer, any refund determined by the
board to be owing may be credited to the producer against any
subsequent replenishment assessments which might become due and owing
from him. No refunds shall be made except as authorized by this
section.

60328.1. The district shall apply the estimated fiscal yearend
balance in excess of the amount permitted in Section 60290 to a
replenishment assessment rate reduction or to the purchase of water
in the succeeding fiscal year.

60329. The board, by action uniformly applicable as to any quarter,
and adopted prior to the commencement of the quarter, may provide
that there shall not be due or payable any quarterly installment of
less than three dollars ($3) otherwise payable by a producer under
Section 60327 with respect to production of groundwater from all
water-producing facilities operated by the producer during the
quarterly period.