SECTIONS 60350-60352 - California Statutes

WATER CODE

SECTION 60350-60352

60350. Commencing with the third fiscal year following a final
adjudication of all or substantially all of the rights to extract
ground water and a determination of the natural safe yield of the
ground water supplies within the district, and a determination of the
amount or extent to which the rights to extract ground water so
adjudicated may be exercised without exceeding the natural safe yield
of such ground water supplies, the board of such district shall
recognize such judicial determination by exempting from replenishment
assessments the amount of water pumped by each person whose rights
have been so adjudicated which does not exceed his proportionate
share of the natural safe yield of the ground water supplies of the
district, as so adjudicated from time to time by the court having
jurisdiction over such adjudication proceeding. The replenishment
assessment shall thenceforth be levied on each producer by
multiplying the production in acre-feet of ground water so produced
by such producer's water-producing facility in excess of his said
adjudicated share of the natural safe yield by the rate of the
replenishment assessment fixed and levied by the board for the fiscal
year in which such production shall occur.
Upon such final adjudication, the board may, and within 90 days
after receipt of a written notice from a producer shall, by
resolution make a determination whether the adjudication will invoke
the provisions of this section as of the beginning of the third
fiscal year. Such determination is subject at any time to review de
novo by any court of competent jurisdiction in any action for
declaratory relief, or other appropriate action.

60351. To the extent that ground water supplies are replenished
under this act no person shall acquire any property or other right in
the waters distributed by the district for replenishment purposes.

60352. To the extent that the replenishment assessment after
adjudication hereunder shifts from all producers to those who extract
water in excess of their respective shares of the natural safe yield
of the ground water supplies within the district as so adjudicated,
such replenishment assessment shall be deemed to benefit those
persons who continue to pump and extract ground water in excess of
their adjudicated shares of the natural safe yield. Inasmuch as such
persons must buy supplemental water or be in contempt of the court's
order limiting their extraction of ground water, they shall be deemed
to benefit by the payment of a replenishment assessment which is
used to purchase water to supplement the natural supplies of ground
water available for use.