SECTIONS 60335-60343 - California Statutes

WATER CODE

SECTION 60335-60343

60335. If any producer shall knowingly fail to pay a replenishment
assessment within 30 days of when due, such producer shall become
liable to the district for interest at the rate of 1 percent per
month on the delinquent amount of the assessment.

60336. Should any operator of a water-producing facility knowingly
fail to register his water-producing facility or knowingly fail to
file the ground water production statement, or knowingly fail to file
and furnish any other reports or statements required by resolution
of the board adopted pursuant to Section 60326, he shall, in addition
to interest as provided in Section 60335, become liable to the
district for a penalty of one hundred fifty dollars ($150).

60337. The board, at the time of fixing the replenishment
assessment rate, may provide by resolution that any producer
operating a water-producing facility having a discharge opening not
greater than two inches in diameter and providing ground water for
domestic or irrigation uses on an area not exceeding one acre in
extent, shall pay the amount fixed in such resolution as the
replenishment assessment to be paid by such producer. No sworn
statement as to the production of ground water from such
water-producing facility need be filed.

60339. (a) The superior court of the county in which the major
portion of the district lies may issue a temporary restraining order
upon the filing by the district with the court of a verified petition
or complaint setting forth that the person named therein as
defendant is the operator of a water-producing facility which has not
been registered with the district or that the defendant is
delinquent in the payment of a replenishment assessment. The
temporary restraining order shall be returnable to the court on or
before ten (10) days after its issuance.
(b) The court may issue and grant an injunction restraining and
prohibiting the named defendant from the operation of any
water-producing facility when it is established by the preponderance
of the evidence at a hearing that the defendant has failed to
register the water-producing facility with the district or that the
defendant is delinquent in the payment of a replenishment assessment.
The court may provide that the injunction so made and issued shall
be stayed for a period not to exceed 10 days to permit the defendant
to register the water-producing facility or to pay the delinquent
replenishment assessment.
(c) Service of process shall be made by posting a copy of the
summons and complaint upon the water-producing facility or the parcel
of land upon which the water-producing facility is located and by
personal service of summons and complaint upon the named defendant.
(d) The right to proceed for injunctive relief as provided in this
section shall be in addition to any other right which may be
provided elsewhere in this act or which may be otherwise allowed by
law. The procedure provided in Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure regarding
injunctions shall be followed except insofar as it may be otherwise
provided in this section.

60340. If the board of a district shall have probable cause to
believe that the production of ground water from any water-producing
facility is in excess of that disclosed by the sworn statements
covering such water-producing facility, or if no statements are filed
covering a water-producing facility, the board of such district may
cause an investigation and report to be made concerning the
production of ground water from such water-producing facility. The
board of the district may fix the amount of ground water production
from any such water-producing facility at an amount not to exceed the
maximum production capacity of such water-producing facility;
provided, however, where a water-measuring device is permanently
attached thereto, the record of production as disclosed by such
water-measuring device shall be presumed to be accurate and the
burden is upon the district to establish to the contrary.
After such determination has been made by the board of the
district, a written notice thereof shall be mailed to the operator of
such water-producing facility at his address as shown by the
district's records. Any such determination made by the district shall
be conclusive on the operator, and on any producer producing water
from such water-producing facility, and the replenishment assessment
based thereon, together with interest and penalties, shall be payable
forthwith, unless such operator or producer shall file with the
board of directors of the district within ten (10) days after the
mailing of such notice a written protest setting forth the ground or
grounds for protesting the amount of production so fixed or the
replenishment assessment, interest, and penalties so levied thereon.
Upon the filing of such protest, said board shall hold a hearing at
which time the total amount of the ground water production and the
replenishment assessment thereon shall be determined, and the
interest and penalties fixed, which action shall be conclusive if
based upon substantial evidence. A notice of such hearing shall be
mailed to protestant at least 10 days before the date fixed for the
hearing. Notice of the determination by the board shall be mailed to
each protestant. The producer shall have 20 days from the date of
mailing of such notice to pay the replenishment assessment, interest
and penalties so fixed by the board.

60341. The district may bring a suit in the court having
jurisdiction against any producer of ground water from the ground
water supplies within the district for the collection of any
delinquent replenishment assessment, interest, or penalties. The
court having jurisdiction of the suit may, in addition to any
judgment, award interest and costs on any judgment as allowed by law.
Should the district seek an attachment against the property of any
named defendant therein, the district shall not be required to
furnish bond or other undertaking as provided in Part 2, Title 7,
Chapter 4 of the Code of Civil Procedure.

60342. It shall be unlawful to produce groundwater from any
water-producing facility within any district from and after one year
following the adoption of the resolution provided for in Section
60305 hereof, unless such water-producing facility shall have a
water-measuring device affixed thereto capable of registering the
accumulated amount of groundwater produced therefrom.
The board by resolution may extend such date on a year-to-year
basis upon its determination that availability, price of
water-measuring devices, or other circumstances justify such
extension. Should the date be extended, notice thereof shall be
published in the district pursuant to Section 6066 of the Government
Code, such publication to be completed not less than two months prior
to the date so extended.
This section shall not be applicable to any operator of a
water-producing facility having a discharge opening two inches or
less in diameter and providing groundwater for domestic or irrigation
uses on an area not exceeding one acre in extent, who is required to
pay a replenishment assessment in an amount fixed by resolution of
the board of the district as hereinabove in this act provided.
Violation of this section shall be punishable by a fine not to
exceed one thousand dollars ($1,000), or by imprisonment in the
county jail for not to exceed six months, or by both such fine and
imprisonment. Each day of operation of a water-producing facility in
violation hereof shall constitute a separate offense.

60343. If another public entity, or public entities, or a
watermaster, or watermasters, appointed in one or more court
adjudications, or any combination of the foregoing (hereafter "other
regulator or regulators") is monitoring by appropriate means the
water production of substantially all water producers within the
district, the board may, by resolution, indefinitely suspend the date
for affixing a water-measuring device as referenced in Section
60342.
The suspension does not affect any requirements of any other
regulator or regulators. The suspension may be revoked, and the date
for affixing water measuring devices established, by further board
resolution.
All resolutions adopted under this section shall be published in
the district pursuant to Section 6006 of the Government Code. In the
case of any revocation, the publication shall be completed not less
than two months prior to the operative date of the revocation. In the
case of any revocation, notice of the operative date shall be given
by first-class mail, postage prepaid, to operators at any address of
record within the district within the time required for publication,
but no defect in or failure to mail the notice to any operator
affects the operative date of the revocation.