Code Section

Water Code - WAT

DIVISION 2. WATER [500 - 4999.129]

  ( Division 2 enacted by Stats. 1943, Ch. 368. )
  

PART 2. APPROPRIATION OF WATER [1200 - 1851]

  ( Part 2 enacted by Stats. 1943, Ch. 368. )
  

CHAPTER 12. Enforcement of Water Rights [1825 - 1851]

  ( Chapter 12 added by Stats. 1980, Ch. 933, Sec. 13. )
  

ARTICLE 4. Enforcement [1845 - 1848]
  ( Article 4 added by Stats. 1980, Ch. 933, Sec. 13. )

  
1847.  

(a) A person or entity may be liable for a violation of any of the requirements of subdivision (b) in an amount not to exceed the sum of the following:

(1) Five hundred dollars ($500), plus two hundred fifty dollars ($250) for each additional day on which the violation continues if the person fails to correct the violation within 30 days after the board has called the violation to the attention of that person.

(2) Two thousand five hundred dollars ($2,500) for each acre-foot of water diverted or used in violation of the applicable requirement.

(b) Liability may be imposed for any of the following violations:

(1) Violation of a principle, guideline, or requirement established by the board or the Department of Fish and Wildlife under Section 13149.

(2) Failure to submit information, or making a material misstatement in information submitted, under Section 26060.1 of the Business and Professions Code.

(3) Violation of any requirement imposed under subdivision (b) of Section 26060.1 of the Business and Professions Code.

(4) Diversion or use of water for cannabis cultivation for which a license is required, but has not been obtained, under Chapter 6 (commencing with Section 26060) or Chapter 7 (commencing with Section 26070) of Division 10 of the Business and Professions Code.

(c) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.

(d) Civil liability may be imposed administratively by the board pursuant to Section 1055.

(Amended by Stats. 2017, Ch. 27, Sec. 176. (SB 94) Effective June 27, 2017.)