SECTIONS 75610-75624 - California Statutes

WATER CODE

SECTION 75610-75624

75610. The district, after the levying of the ground water charge,
shall give notice thereof to each operator of each water-producing
facility in the zone or zones as disclosed by the records of the
district, which notice shall state the rate for each class of water
of the ground water charge for each acre-foot of water to be produced
during the ensuing water year. The notice may be sent by postal card
or by other first-class mail and with postage prepaid by the
district.

75611. After the establishment of a ground water charge, each
operator of a water-producing facility within the affected zone or
zones of the district, until such time as such water-producing
facility has been permanently abandoned, shall file with the
district, on or before the 31st day of January and on or before the
31st day of July in each year, a statement setting forth the total
production in acre-feet of water for the preceding six-month period
(excluding the month in which the statement is due), a general
description or number locating each water-producing facility, and the
method or basis of the computation, of such water production.

75612. If no water has been produced from a water-producing
facility during the preceding six-month period, a statement shall be
filed with the district, setting forth that no water has been
produced during such period. Such statement shall be verified by a
written declaration that it is made under the penalties of perjury.

75613. The ground water charge is payable to the district on or
before the last date upon which the water production statement is
required to be filed and is computed by multiplying the production in
acre-feet of water for each classification as disclosed in the
statement by the ground water charge for each classification of
water.

75614. Whenever any water-producing facility in an affected zone is
permanently abandoned, the operator thereof shall give written
notice of such abandonment to the district.

75615. If any operator of a water-producing facility fails to pay
the ground water charge when due, the district shall charge interest
at the rate of one percent (1%) each month on the delinquent amount
of the ground water charge.

75616. If any operator of a water-producing facility fails to
register the water-producing facility, or fails to file the water
production statements as required by this article, the district
shall, in addition to charging interest as provided in Section 75615,
assess a penalty charge against such operator in an amount of 10
percent of the amount found by the district to be due.

75617. The board may, at the time of fixing the ground water
charge, establish a method or methods to be used in computing the
amount of water produced from a water-producing facility which is not
measured by a measuring device.
Such methods may be based upon any or all or a combination of the
following criteria:
(a) The size of water-producing facility discharge opening.
(b) The area served by the water-producing facility.
(c) The number of persons served by the water-producing facility.
(d) The use of land served by the water-producing facility.
(e) The crops grown on land served by the water-producing
facility.
(f) Any other criteria which may be used to determine with
reasonable accuracy the amount of water produced from a
water-producing facility.

75618. Upon good cause shown, an amended statement of water
production may be filed or a correction of the records may be made at
any time prior to the final date for filing the next semiannual
water production statement.

75619. If the district has probable cause to believe that the
production of 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 any water-producing
facility, the district may cause an investigation and report to be
made concerning the production of water from such water-producing
facility.
The district may fix the amount of water production from such
water-producing facility at an amount not to exceed the maximum
production capacity of such water-producing facility; provided,
however, that 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.

75620. After the determination has been made by the district
pursuant to Section 75619, a written notice thereof shall be mailed
to the person operating the water-producing facility at his address
as shown by the district's records.

75621. A determination made by the district pursuant to Section
75619 shall be conclusive on all persons having an interest in the
water-producing facility involved, and the ground water charge, and
the interest and penalties thereon, shall be paid forthwith, unless
any such person files with the board, within 10 days after the
mailing of the notice of the determination, a written protest setting
forth the ground or grounds for protesting the amount of production
so fixed.

75622. Upon the filing of a protest, the board shall hold a
hearing, at which time the total amount of the water production and
the ground water charge thereon shall be determined. Such
determination shall be conclusive if based upon substantial evidence.

75623. A notice of the hearing shall be mailed to the protestant at
least 10 days before the date fixed for the hearing.
Notice of the determination by the board at the hearing shall be
mailed to each protestant, who shall have 10 days from the date of
mailing to pay the ground water charge, and the interest and
penalties thereon.

75624. Notice as required in Sections 75620 and 75623 shall be
given by deposit thereof in any postal facility regularly maintained
by the government of the United States in a sealed envelope with
postage paid, addressed to the person on whom it is served at his
name and address as disclosed by the records of the district. The
service is complete at the time of deposit.