SECTIONS 71640-71644 - California Statutes

WATER CODE

SECTION 71640-71644

71640. A district may restrict the use of district water during any
emergency caused by drought, or other threatened or existing water
shortage, and may prohibit the wastage of district water or the use
of district water during such periods for any purpose other than
household uses or such other restricted uses as the district
determines to be necessary. A district may also prohibit use of
district water during such periods for specific uses which it finds
to be nonessential.

71641. A district may prescribe and define by ordinance the
restrictions, prohibitions, and exclusions referred to in Section
71640. Such an ordinance is effective upon adoption; but, within 10
days after its adoption, the ordinance shall be published pursuant to
Section 6061 of the Government Code in full in a newspaper of
general circulation which is printed, published, and circulated in
the district. If there is no such newspaper the ordinance shall be
posted within 10 days after its adoption in three public places
within the district.

71642. A finding by the board upon the existence, threat, or
duration of an emergency or shortage, or upon the matter of necessity
or of any other matter or condition referred to in Section 71640,
shall be made by resolution or ordinance. The finding is prima facie
evidence of the fact or matter so found, and such fact or matter
shall be presumed to continue unchanged unless and until a contrary
finding is made by the board by resolution or ordinance.

71643. The finding made by the board pursuant to Section 71642
shall be received in evidence in any civil or criminal proceeding in
which it may be offered, and shall be proof and evidence of the fact
or matter found until rebutted or overcome by other sufficient
evidence received in such proceeding. A copy of any resolution or
ordinance setting forth such finding shall, when certified by the
secretary of the district, be evidence that the finding was made by
the district as shown by the resolution or ordinance and
certification.

71644. From and after the publication or posting of any ordinance
pursuant to Section 71641, and until the ordinance has been repealed
or the emergency or threatened emergency has ceased, it is a
misdemeanor for any person to use or apply water received from the
district contrary to or in violation of any restriction or
prohibition specified in the ordinance. Upon conviction thereof such
person shall be punished by imprisonment in the county jail for not
more than 30 days, or by fine not exceeding six hundred dollars
($600), or by both.