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 6. United Water Conservation District [75634 - 75638]
  ( Article 6 added by Stats. 2017, Ch. 294, Sec. 1. )

75634.
  

For the purposes of this article, “district” means the United Water Conservation District.

(Added by Stats. 2017, Ch. 294, Sec. 1. (AB 552) Effective January 1, 2018.)

75634.5.
  

For the purpose of investigating compliance with any provisions of this division or any district ordinance, the district may inspect any water-producing facility within the boundaries of the district. The district shall give notice to the operator by certified mail not less than 15 days in advance of the scheduled inspection. The inspection shall be made with the consent of the operator of the water-producing facility or, if consent is refused, with a warrant duly issued pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure.

(Added by Stats. 2017, Ch. 294, Sec. 1. (AB 552) Effective January 1, 2018.)

75635.
  

In addition to those remedies set forth in Sections 75615 and 75616, if the operator of a water-producing facility fails to file a water production statement or pay delinquent groundwater charges when due, the district may assess an administrative charge to recover the cost of collection of delinquent unpaid charges. The board may provide by ordinance that in excusable or justifiable circumstances, the administrative charge may be reduced or waived.

(Added by Stats. 2017, Ch. 294, Sec. 1. (AB 552) Effective January 1, 2018.)

75635.5.
  

(a) In addition to the district’s right to bring a suit against any operator of a water-producing facility within the district for the collection of any delinquent groundwater charges, interest, and penalties as provided in Section 75633, as a provisional remedy in the action the district may seek a writ of attachment against the property of any named defendant in the suit and the district shall not be required to furnish a bond or other undertaking as provided in The Attachment Law (Title 6.5 (commencing with Section 481.010) of Part 2 of the Code of Civil Procedure).

(b) The district may recover costs and administrative charges in a suit against any operator of a water-producing facility within the district for the collection of any delinquent groundwater charges, interest, and penalties in accordance with Section 75633 or as otherwise provided in this article.

(Added by Stats. 2017, Ch. 294, Sec. 1. (AB 552) Effective January 1, 2018.)

75636.
  

In accordance with Section 75614, when an operator provides notice to the district of the abandonment of a water-producing facility or a water-producing facility is in fact abandoned, the district may affix seals to the facility.

(Added by Stats. 2017, Ch. 294, Sec. 1. (AB 552) Effective January 1, 2018.)

75637.
  

(a) As an alternative to bringing suit pursuant to Section 75633, the district may collect any delinquent groundwater charges and any interest, penalties, costs, and administrative charges. The collection shall be in the same manner as would be applicable to the collection of delinquent assessments, water charges, or tolls.

(b) As an additional remedy, the district may order, after a public hearing, an operator to cease extraction of groundwater from a water-producing facility until all delinquent fees and charges are paid. The district shall give notice to the operator by certified mail not less than 15 days in advance of the public hearing.

(c) The remedies specified in this section for the collection and enforcement of fees are cumulative, and the district may pursue them alternatively or use them consecutively as determined by the board.

(Added by Stats. 2017, Ch. 294, Sec. 1. (AB 552) Effective January 1, 2018.)

75637.5.
  

Following the issuance of an injunction restraining the operation of a water-producing facility in accordance with Section 75631 and the termination of any stay, as a condition of allowing future operation of the facility, the district may require the operator to post a cash deposit or bond with the district providing future assurance of payment of delinquent groundwater charges. The district may require the cash deposit or bond to be in an amount equal to the amount of delinquent groundwater charges due for the preceding six-month period.

(Added by Stats. 2017, Ch. 294, Sec. 1. (AB 552) Effective January 1, 2018.)

75638.
  

The remedies specified in this article are cumulative and the district may pursue them alternatively or use them concurrently as determined by the board of directors of the district.

(Added by Stats. 2017, Ch. 294, Sec. 1. (AB 552) Effective January 1, 2018.)

WATWater Code - WAT6.