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Chapter 3. Findings And Order of California Water Code >> Division 18. >> Part 6. >> Chapter 3.
Upon completing the hearing, but no later than the second
Tuesday in May, the board shall, by resolution, find all of the
following:
(a) The annual overdraft for the preceding water year.
(b) The estimated annual overdraft for the current water year.
(c) The estimated annual overdraft for the ensuing water year.
(d) The accumulated overdraft as of the last day of the preceding water year.
(e) The estimated accumulated overdraft as of the last day of the current water year.
(f) The total production of groundwater from the groundwater supplies within the district during the preceding water year.
(g) The estimated total production of groundwater from the groundwater supplies within the district for the current water year.
(h) The estimated total production of groundwater from the groundwater supplies within the district for the ensuing water year.
(i) The changes during the preceding water year in the pressure levels or piezometric heights of the groundwater contained within pressure-level areas of the district, and the effects thereof upon the groundwater supplies within the district.
(j) The estimated changes during the current water year in the pressure levels or piezometric heights of the groundwater contained within pressure-level areas of the district, and the estimated effects thereof upon the groundwater supplies within the district.
(k) The quantity of water that should be purchased for the replenishment of the groundwater supplies of the district during the ensuing water year.
(l) The source and estimated cost of water available for the replenishment.
(m) The estimated costs of replenishing the groundwater supplies with the water so purchased.
(n) The estimated costs of purchasing, in water years succeeding the ensuing water year, that portion of the quantity of water which should be purchased for the replenishment of the groundwater supplies of the district during the ensuing water year, but which is estimated to be unavailable for purchase during the ensuing water year; estimated costs shall be based on the estimated price of water for replenishment purposes during the ensuing water year.
(o) The estimated rate of the replenishment assessment required to be levied upon the production of groundwater from the groundwater supplies within the district during the ensuing fiscal year for the purposes of accomplishing the replenishment and providing a reserve fund to purchase in future years, when available, that portion of the quantity of water which should be purchased for the replenishment of the groundwater supplies of the district during the ensuing water year, but which is estimated to be unavailable for purchase during that ensuing water year.
(p) Whether any contaminants should be removed from groundwater supplies during the ensuing fiscal year, and whether any other actions under Section 60224 should be undertaken during the ensuing fiscal year, the estimated costs thereof, and the estimated additional rate of replenishment assessment required to be levied upon the production of groundwater from the groundwater supplies within the district during the ensuing fiscal year for those purposes.
(q) Whether any program for removal of contaminants or other actions under Section 60224 should be a multiyear program or is a continuation of a previously authorized multiyear program.
(r) The amount, if any, by which the estimated reserve funds on hand at the end of the current fiscal year will exceed the annual reserve fund limit determined pursuant to Section 60290.
(a) The annual overdraft for the preceding water year.
(b) The estimated annual overdraft for the current water year.
(c) The estimated annual overdraft for the ensuing water year.
(d) The accumulated overdraft as of the last day of the preceding water year.
(e) The estimated accumulated overdraft as of the last day of the current water year.
(f) The total production of groundwater from the groundwater supplies within the district during the preceding water year.
(g) The estimated total production of groundwater from the groundwater supplies within the district for the current water year.
(h) The estimated total production of groundwater from the groundwater supplies within the district for the ensuing water year.
(i) The changes during the preceding water year in the pressure levels or piezometric heights of the groundwater contained within pressure-level areas of the district, and the effects thereof upon the groundwater supplies within the district.
(j) The estimated changes during the current water year in the pressure levels or piezometric heights of the groundwater contained within pressure-level areas of the district, and the estimated effects thereof upon the groundwater supplies within the district.
(k) The quantity of water that should be purchased for the replenishment of the groundwater supplies of the district during the ensuing water year.
(l) The source and estimated cost of water available for the replenishment.
(m) The estimated costs of replenishing the groundwater supplies with the water so purchased.
(n) The estimated costs of purchasing, in water years succeeding the ensuing water year, that portion of the quantity of water which should be purchased for the replenishment of the groundwater supplies of the district during the ensuing water year, but which is estimated to be unavailable for purchase during the ensuing water year; estimated costs shall be based on the estimated price of water for replenishment purposes during the ensuing water year.
(o) The estimated rate of the replenishment assessment required to be levied upon the production of groundwater from the groundwater supplies within the district during the ensuing fiscal year for the purposes of accomplishing the replenishment and providing a reserve fund to purchase in future years, when available, that portion of the quantity of water which should be purchased for the replenishment of the groundwater supplies of the district during the ensuing water year, but which is estimated to be unavailable for purchase during that ensuing water year.
(p) Whether any contaminants should be removed from groundwater supplies during the ensuing fiscal year, and whether any other actions under Section 60224 should be undertaken during the ensuing fiscal year, the estimated costs thereof, and the estimated additional rate of replenishment assessment required to be levied upon the production of groundwater from the groundwater supplies within the district during the ensuing fiscal year for those purposes.
(q) Whether any program for removal of contaminants or other actions under Section 60224 should be a multiyear program or is a continuation of a previously authorized multiyear program.
(r) The amount, if any, by which the estimated reserve funds on hand at the end of the current fiscal year will exceed the annual reserve fund limit determined pursuant to Section 60290.
Based on the findings pursuant to Section 60315, the board
shall, by resolution, determine all of the following:
(a) What portion, if any, of the estimated cost of purchasing water for replenishment for the ensuing fiscal year shall be paid for by a replenishment assessment.
(b) What portion, not exceeding 25 percent of the above portion, of the estimated cost of purchasing in the future that quantity of water which should be purchased during the ensuing water year, but which is estimated to be unavailable during that year, shall be raised by a replenishment assessment.
(c) What portion of the estimated costs of removing contaminants from groundwater supplies and of taking other actions under Section 60224 during the ensuing fiscal year shall be paid for by a replenishment assessment.
(d) What portion, if any, of the cost of a capital improvement project for replenishment purposes shall be paid for by a replenishment assessment.
(e) What portion, if any, of the cost of a capital improvement project undertaken pursuant to Section 60224 shall be paid for by a replenishment assessment.
(a) What portion, if any, of the estimated cost of purchasing water for replenishment for the ensuing fiscal year shall be paid for by a replenishment assessment.
(b) What portion, not exceeding 25 percent of the above portion, of the estimated cost of purchasing in the future that quantity of water which should be purchased during the ensuing water year, but which is estimated to be unavailable during that year, shall be raised by a replenishment assessment.
(c) What portion of the estimated costs of removing contaminants from groundwater supplies and of taking other actions under Section 60224 during the ensuing fiscal year shall be paid for by a replenishment assessment.
(d) What portion, if any, of the cost of a capital improvement project for replenishment purposes shall be paid for by a replenishment assessment.
(e) What portion, if any, of the cost of a capital improvement project undertaken pursuant to Section 60224 shall be paid for by a replenishment assessment.
(a) If the board determines that a replenishment assessment
shall be levied upon the production of groundwater from groundwater
supplies within the district during the ensuing fiscal year,
immediately following the making of that determination the board
shall levy a replenishment assessment on the production of
groundwater from the groundwater supplies within the district during
the fiscal year commencing the following July 1st, and the
replenishment assessment shall be fixed by the board at a uniform
rate per acre-foot of groundwater produced. The producers of that
groundwater shall pay the replenishment assessment to the district at
the times and in the manner provided in this division. That part of
the assessment levied pursuant to the determination provided in
subdivision (c) of Section 60316, exclusive of any part of the
assessment for district administrative and overhead expenses, shall
not exceed 50 percent of the average assessment levied for the
current and four preceding fiscal years pursuant to determinations
under subdivisions (a) and (b) of Section 60316, exclusive of any
part of the assessment for district administrative and overhead
expenses.
(b) A judicial action or proceeding to attack, review, set aside, void, or annul a resolution or motion made on or after January 1, 2015, levying a replenishment assessment pursuant to this part shall be commenced within 180 days following the adoption of the resolution or motion.
(c) An action brought on or after January 1, 2015, under this section shall be brought pursuant to Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure.
(b) A judicial action or proceeding to attack, review, set aside, void, or annul a resolution or motion made on or after January 1, 2015, levying a replenishment assessment pursuant to this part shall be commenced within 180 days following the adoption of the resolution or motion.
(c) An action brought on or after January 1, 2015, under this section shall be brought pursuant to Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure.
Except as set forth in this section, nothing in this
division prevents the use of district funds from any source for
powers and functions authorized under this division. That part of a
replenishment assessment levied pursuant to determinations under
subdivisions (a) and (b) of Section 60316 shall not be utilized for
the direct costs of prevention and removal of contaminants under
subdivisions (a) and (b) of Section 60224. Any part of a
replenishment assessment levied pursuant to a determination under
subdivision (c) of Section 60316 which is not expended may be
obligated and expended for other uses authorized by Section 60224
after hearing and findings pursuant to Sections 60306 and 60315. Any
part of a replenishment assessment levied pursuant to a determination
under subdivision (c) of Section 60316 which remains unexpended and
unobligated for five fiscal years after the last obligation thereof,
or any shorter period which the board may by resolution determine,
shall be deemed to have been levied for other costs and expenses for
which a replenishment assessment is authorized under this division.
Funds from a replenishment assessment, although restricted as to use,
may be loaned for any use for which and within the monetary limits
for which, such an assessment has been levied. Any such loan shall be
for a period not longer than 18 months and shall bear interest, as
nearly as practicable in the discretion of the board, at the rate
which those funds might have otherwise been invested at the time of
the loan.
(a) If the board determines, by resolution, that there is a
problem of groundwater contamination that a proposed program will
remedy or ameliorate, an operator may make extractions of groundwater
to remedy or ameliorate that problem exempt from any replenishment
assessment if the water is not applied to beneficial surface use, its
extractions are made in compliance with all the terms and conditions
of the board resolution, and the board has determined in the
resolution either of the following:
(1) The groundwater to be extracted is unusable and cannot be economically blended for use with other water.
(2) The proposed program involves extraction of usable water in the same quantity as will be returned to the underground without degradation of quality.
(b) The resolution may provide those terms and conditions the board deems appropriate, including, but not limited to, restrictions on the quantity of extractions to be so exempted, limitations on time, periodic reviews, requirement of submission of test results from a laboratory holding a valid certification or accreditation as required by Section 13176, and any other relevant terms or conditions. Upon written notice to the operator involved, the board may rescind or modify its resolution. The rescission or modification of the resolution shall apply to groundwater extractions occurring more than 10 days after the rescission or modification. Notice of rescission or modification shall be either mailed first-class mail, postage prepaid, at least two weeks prior to the meeting of the board at which the rescission or modification will be made to the address of record of the operator or personally delivered two weeks prior to the meeting. All board determinations shall be final.
(1) The groundwater to be extracted is unusable and cannot be economically blended for use with other water.
(2) The proposed program involves extraction of usable water in the same quantity as will be returned to the underground without degradation of quality.
(b) The resolution may provide those terms and conditions the board deems appropriate, including, but not limited to, restrictions on the quantity of extractions to be so exempted, limitations on time, periodic reviews, requirement of submission of test results from a laboratory holding a valid certification or accreditation as required by Section 13176, and any other relevant terms or conditions. Upon written notice to the operator involved, the board may rescind or modify its resolution. The rescission or modification of the resolution shall apply to groundwater extractions occurring more than 10 days after the rescission or modification. Notice of rescission or modification shall be either mailed first-class mail, postage prepaid, at least two weeks prior to the meeting of the board at which the rescission or modification will be made to the address of record of the operator or personally delivered two weeks prior to the meeting. All board determinations shall be final.
