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Chapter 2. Administrative Provisions Generally of California Water Code >> Division 2. >> Part 1. >> Chapter 2.
This division is hereby declared to be in furtherance of the
policy contained in Section 2 of Article X of the California
Constitution and in all respects for the welfare and benefit of the
people of the state, for the improvement of their prosperity and
their living conditions, and the board and the department shall be
regarded as performing a governmental function in carrying out the
provisions of this division.
The board for the purpose of this division may:
(a) Investigate all streams, stream systems, portions of stream systems, lakes, or other bodies of water.
(b) Take testimony in regard to the rights to water or the use of water thereon or therein.
(c) Ascertain whether or not water heretofore filed upon or attempted to be appropriated is appropriated under the laws of this State.
(a) Investigate all streams, stream systems, portions of stream systems, lakes, or other bodies of water.
(b) Take testimony in regard to the rights to water or the use of water thereon or therein.
(c) Ascertain whether or not water heretofore filed upon or attempted to be appropriated is appropriated under the laws of this State.
In furtherance of its powers and duties under Parts 2
(commencing with Section 1200) and 3 (commencing with Section 2000)
of this division, the board may supervise trial distribution of water
in accordance with agreements and court orders therefor.
(a) The diversion or use of water subject to this division
other than as authorized in this division is a trespass.
(b) The Attorney General, upon request of the board, shall institute in the superior court in and for any county where the diversion or use is threatened, is occurring, or has occurred an action for the issuance of injunctive relief as may be warranted by way of temporary restraining order, preliminary injunction, or permanent injunction.
(c) Any person or entity committing a trespass as defined in this section may be liable in an amount not to exceed the following:
(1) If the unauthorized diversion or use occurs in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions, the sum of the following:
(A) One thousand dollars ($1,000) for each day in which the trespass occurs.
(B) Two thousand five hundred dollars ($2,500) for each acre-foot of water diverted or used in excess of that diverter's water rights.
(2) If the unauthorized diversion or use is not described by paragraph (1), five hundred dollars ($500) for each day in which the unauthorized diversion or use occurs.
(d) Civil liability for a violation of this section may be imposed by the superior court or the board as follows:
(1) The superior court may impose civil liability in an action brought by the Attorney General, upon request of the board, to impose, assess, and recover any sums pursuant to subdivision (c). In determining the appropriate amount, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, and the corrective action, if any, taken by the violator.
(2) The board may impose civil liability in accordance with Section 1055.
(e) All funds recovered pursuant to this section shall be deposited in the Water Rights Fund established pursuant to Section 1550.
(f) The remedies prescribed in this section are cumulative and not alternative.
(b) The Attorney General, upon request of the board, shall institute in the superior court in and for any county where the diversion or use is threatened, is occurring, or has occurred an action for the issuance of injunctive relief as may be warranted by way of temporary restraining order, preliminary injunction, or permanent injunction.
(c) Any person or entity committing a trespass as defined in this section may be liable in an amount not to exceed the following:
(1) If the unauthorized diversion or use occurs in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions, the sum of the following:
(A) One thousand dollars ($1,000) for each day in which the trespass occurs.
(B) Two thousand five hundred dollars ($2,500) for each acre-foot of water diverted or used in excess of that diverter's water rights.
(2) If the unauthorized diversion or use is not described by paragraph (1), five hundred dollars ($500) for each day in which the unauthorized diversion or use occurs.
(d) Civil liability for a violation of this section may be imposed by the superior court or the board as follows:
(1) The superior court may impose civil liability in an action brought by the Attorney General, upon request of the board, to impose, assess, and recover any sums pursuant to subdivision (c). In determining the appropriate amount, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, and the corrective action, if any, taken by the violator.
(2) The board may impose civil liability in accordance with Section 1055.
(e) All funds recovered pursuant to this section shall be deposited in the Water Rights Fund established pursuant to Section 1550.
(f) The remedies prescribed in this section are cumulative and not alternative.
A full and accurate record of business or acts performed or
of testimony taken by the board and the department in pursuance of
the provisions of this division shall be kept and be placed on file
in the office of the board or the department, as the case may be.
The board and the department may certify to all of their
official acts and may certify copies of all official documents and
orders filed in their respective offices. For the purpose of making
such certifications, the board and the department may adopt seals.
(a) The executive director of the board may issue a complaint
to any person or entity on which administrative civil liability may
be imposed pursuant to Section 1052, Article 4 (commencing with
Section 1845) of Chapter 12 of Part 2 of Division 2, or Section 5107.
The complaint shall allege the act or failure to act that
constitutes a trespass or violation, the provision of law authorizing
civil liability to be imposed, and the proposed civil liability.
(b) The complaint shall be served by personal notice or certified mail. The complaint shall inform the party served that the party may request a hearing not later than 20 days from the date the party was served and that the board may adopt an order setting administrative civil liability based on the allegations set forth in the complaint without a hearing if the party does not sign a written request for a hearing that is delivered to, or received by mail by, the board within 20 days after the date the party was served. The hearing shall be before the board or a member of the board, in accordance with Section 183.
(c) The board, after any necessary hearing, may adopt an order setting administrative civil liability, or determining that a liability shall not be imposed.
(d) Orders setting administrative civil liability shall become effective and final upon issuance thereof and payment shall be made.
(b) The complaint shall be served by personal notice or certified mail. The complaint shall inform the party served that the party may request a hearing not later than 20 days from the date the party was served and that the board may adopt an order setting administrative civil liability based on the allegations set forth in the complaint without a hearing if the party does not sign a written request for a hearing that is delivered to, or received by mail by, the board within 20 days after the date the party was served. The hearing shall be before the board or a member of the board, in accordance with Section 183.
(c) The board, after any necessary hearing, may adopt an order setting administrative civil liability, or determining that a liability shall not be imposed.
(d) Orders setting administrative civil liability shall become effective and final upon issuance thereof and payment shall be made.
A person or entity shall not be subject to both civil
liability imposed under Section 1055 and civil liability imposed by
the superior court under Section 1052 or Article 4 (commencing with
Section 1845) of Chapter 12 of Part 2 of Division 2 for the same act
or failure to act.
In determining the amount of civil liability, the board
shall take into consideration all relevant circumstances, including,
but not limited to, the extent of harm caused by the violation, the
nature and persistence of the violation, the length of time over
which the violation occurs, and the corrective action, if any, taken
by the violator.
After the time for review under Chapter 4 (commencing with
Section 1120) has expired, the board may apply to the clerk of the
appropriate court for a judgment to collect the administrative civil
liability imposed in accordance with Section 1055. The application,
which shall include a certified copy of the board action, constitutes
a sufficient showing to warrant issuance of the judgment. The court
clerk shall enter the judgment immediately in conformity with the
application. The judgment so entered has the same force and effect
as, and is subject to all the provisions of law relating to, a
judgment in a civil action, and may be enforced in the same manner as
any other judgment of the court in which it is entered.
The board and the department may fix reasonable charges for
publications issued under their respective authorities.
All fees charged and collected under this chapter shall be
paid, at least once each month, accompanied by a detailed statement
thereof, into the State Treasury.
The board may make such reasonable rules and regulations as
it may from time to time deem advisable in carrying out its powers
and duties under this code.
(a) This section applies to any emergency regulation
adopted by the board for which the board makes both of the following
findings:
(1) The emergency regulation is adopted to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter's priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.
(2) The emergency regulation is adopted in response to conditions which exist, or are threatened, in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions.
(b) Notwithstanding Sections 11346.1 and 11349.6 of the Government Code, any findings of emergency adopted by the board, in connection with the adoption of an emergency regulation under this section, are not subject to review by the Office of Administrative Law.
(c) An emergency regulation adopted by the board under this section may remain in effect for up to 270 days, as determined by the board, and is deemed repealed immediately upon a finding by the board that due to changed conditions it is no longer necessary for the regulation to remain in effect. An emergency regulation adopted by the board under this section may be renewed if the board determines that the conditions specified in paragraph (2) of subdivision (a) are still in effect.
(d) In addition to any other applicable civil or criminal penalties, any person or entity who violates a regulation adopted by the board pursuant to this section is guilty of an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs.
(e) (1) Notwithstanding subdivision (b) of Section 1551, subdivision (d) of Section 1845, and subdivision (f) of Section 1846, a civil liability imposed under Chapter 12 (commencing with Section 1825) of Part 2 of Division 2 by the board or a court for a violation of an emergency conservation regulation adopted pursuant to this section shall be deposited, and separately accounted for, in the Water Rights Fund. Funds deposited in accordance with this subdivision shall be available, upon appropriation, for water conservation activities and programs.
(2) For purposes of this subdivision, an "emergency conservation regulation" means an emergency regulation that requires an end user of water, a water retailer, or a water wholesaler to conserve water or report to the board on water conservation. Water conservation includes restrictions or limitations on particular uses of water or a reduction in the amount of water used or served, but does not include curtailment of diversions when water is not available under the diverter's priority of right or reporting requirements related to curtailments.
(1) The emergency regulation is adopted to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter's priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.
(2) The emergency regulation is adopted in response to conditions which exist, or are threatened, in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions.
(b) Notwithstanding Sections 11346.1 and 11349.6 of the Government Code, any findings of emergency adopted by the board, in connection with the adoption of an emergency regulation under this section, are not subject to review by the Office of Administrative Law.
(c) An emergency regulation adopted by the board under this section may remain in effect for up to 270 days, as determined by the board, and is deemed repealed immediately upon a finding by the board that due to changed conditions it is no longer necessary for the regulation to remain in effect. An emergency regulation adopted by the board under this section may be renewed if the board determines that the conditions specified in paragraph (2) of subdivision (a) are still in effect.
(d) In addition to any other applicable civil or criminal penalties, any person or entity who violates a regulation adopted by the board pursuant to this section is guilty of an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs.
(e) (1) Notwithstanding subdivision (b) of Section 1551, subdivision (d) of Section 1845, and subdivision (f) of Section 1846, a civil liability imposed under Chapter 12 (commencing with Section 1825) of Part 2 of Division 2 by the board or a court for a violation of an emergency conservation regulation adopted pursuant to this section shall be deposited, and separately accounted for, in the Water Rights Fund. Funds deposited in accordance with this subdivision shall be available, upon appropriation, for water conservation activities and programs.
(2) For purposes of this subdivision, an "emergency conservation regulation" means an emergency regulation that requires an end user of water, a water retailer, or a water wholesaler to conserve water or report to the board on water conservation. Water conservation includes restrictions or limitations on particular uses of water or a reduction in the amount of water used or served, but does not include curtailment of diversions when water is not available under the diverter's priority of right or reporting requirements related to curtailments.
The board and the department, as to matters under each of
their respective jurisdictions, may designate one or more of their
employees who shall have authority to certify under their respective
seals all copies of orders, applications, permits, licenses,
certificates, and other records under this division, and to attest
all records, transcripts, evidence, and other original documents
which it is necessary so to authenticate.
(a) All fees collected by the State Water Resources Control
Board or by a California regional water quality control board, and
deposited in the State Treasury, except funds collected under Part 3
(commencing with Section 2000) of this division, funds received for
trial distribution expenses in connection with the administration of
Section 1051.5, and deposits and payments made pursuant to Section
5007, shall be credited to the appropriation for the support of the
board which is current at the time of the deposit of such fees in the
State Treasury.
(b) Money deposited with or paid to the board pursuant to Section 1051.5 or 5007 and deposited by the board in the State Treasury is available for expenditure by the board in accordance with those sections without regard to fiscal years and irrespective of the provisions of Section 16304 of the Government Code, and any unused balance shall be refunded by the board to the person entitled thereto.
(b) Money deposited with or paid to the board pursuant to Section 1051.5 or 5007 and deposited by the board in the State Treasury is available for expenditure by the board in accordance with those sections without regard to fiscal years and irrespective of the provisions of Section 16304 of the Government Code, and any unused balance shall be refunded by the board to the person entitled thereto.
