Code Section Group

Water Code - WAT

DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501]

  ( Division 21 added by Stats. 1965, Ch. 75. )

PART 9. GROUND WATER CHARGE [75500 - 75642]

  ( Part 9 added by Stats. 1965, Ch. 75. )

CHAPTER 3. Procedure for Levy and Collection [75560 - 75638]

  ( Chapter 3 added by Stats. 1965, Ch. 75. )

ARTICLE 5. Court Actions [75630 - 75633]
  ( Article 5 added by Stats. 1965, Ch. 75. )

75630.
  

The superior court of the county in which a water-producing facility within the district lies may issue a temporary restraining order upon the filing by the district of a petition or complaint setting forth that the person named therein as defendant is the operator of a water-producing facility which has not been registered with the district, or that such defendant is delinquent in the payment of a ground water charge.

Such temporary restraining order shall be returnable to the court on or before 10 days after its issuance.

Service of process is completed by posting a copy of the summons and complaint upon the water-producing facility or the parcel of land upon which it is located and by personal service upon the named defendant.

(Added by Stats. 1965, Ch. 75.)

75631.
  

The court in such action may issue and grant an injunction restraining and prohibiting the named defendant from the operation of any water-producing facility when it is established at the hearing that the defendant has failed to register such water-producing facility with the district or that the defendant is delinquent in payment of ground water charges thereon.

The court may provide that the injunction so made and issued shall be stayed for a period not to exceed 10 days to permit the defendant to register the water-producing facility or to pay the delinquent ground water charge.

(Added by Stats. 1965, Ch. 75.)

75632.
  

The right to proceed for injunctive relief granted by this article is an additional right to those which may be provided elsewhere in this division or otherwise allowed by law. The procedure provided in Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, regarding injunctions, shall be followed except insofar as it is otherwise provided in this article.

(Amended by Stats. 1982, Ch. 517, Sec. 411.)

75633.
  

The district may bring a suit in any court having jurisdiction against any operator of a water-producing facility within the district for the collection of any delinquent groundwater charge. The court may, in addition to allowing recovery of costs to the district as allowed by law, fix and allow as part of the judgment interest and penalties as provided in Sections 75615 and 75616.

(Amended by Stats. 1982, Ch. 517, Sec. 412.)

WATWater Code - WAT5.