California Water Code ARTICLE 4 - Water Replenishment Assessment

  • Section 71682.
    The provisions of this article apply only to districts in which the producers of a majority of the production of ground water within the boundaries...
  • Section 71682.1.
    For the purpose of replenishing the ground water supplies within such district and to provide such makeup water, a district may cause assessments to be...
  • Section 71683.
    As used in this article:“Include,” except when used in relation to the inclusion of land into a district, does not necessarily exclude matters not enumerated.“Person”...
  • Section 71684.
    Proceeds raised by the water replenishment assessments hereunder may only be used for the purchase of water for replenishment of the ground waters of the...
  • Section 71685.
    Not later than the second Tuesday in February each year the board shall order an engineering survey and report to be made regarding the ground...
  • Section 71686.
    On or before the second Tuesday in March of each year, and provided the survey and report called for by Section 71685 has been made,...
  • Section 71686.1.
    If the board, by resolution, determines that the funds needed to purchase replenishment or makeup water shall be raised by the levy of a replenishment...
  • Section 71686.2.
    The hearing shall be held before the board and a quorum shall be present. The hearing may be adjourned from time to time by the...
  • Section 71686.3.
    The board may appoint a qualified registered engineer familiar with water problems as a hearing officer to conduct the hearing.(Added by Stats. 1965, Ch. 1725.)
  • Section 71686.4.
    All evidence relevant to the engineering survey and report and the board’s determination that such a replenishment assessment shall be levied may be introduced.(Added by...
  • Section 71687.
    Upon completing the hearing, but no later than the second Tuesday in May, the board shall, by resolution, find:(a) The annual overdraft for the preceding water...
  • Section 71687.1.
    Based on such findings the board shall, by resolution, determine what portion, if any, of the estimated cost of purchasing water for replenishment and makeup...
  • Section 71687.2.
    If the board determines that a replenishment assessment should be levied upon the production of ground water from ground water supplies within the district during...
  • Section 71688.
    The district, after the levying of the replenishment assessment, shall give notice thereof to the operators of all water-producing facilities in the district as disclosed...
  • Section 71688.1.
    The operator of each water-producing facility within the district, on or before the last day of the month immediately following the respective quarterly periods ending...
  • Section 71688.2.
    Any replenishment assessment levied pursuant to this article shall be due and payable to the district by each producer in quarterly installments on the last...
  • Section 71688.3.
    The board shall authorize, and the district shall make, refunds in whole or in part of replenishment assessments theretofore paid, to any producer who has...
  • Section 71689.
    If any producer shall knowingly fail to pay a replenishment assessment within 30 days of when due, such producer shall become liable to the district...
  • Section 71689.1.
    Should any operator of a water-producing facility knowingly fail to register his water-producing facility or knowingly fail to file the ground water production statement, or...
  • Section 71689.2.
    The board, at the time of fixing the replenishment assessment rate, may provide by resolution that any producer operating a water-producing facility having a discharge...
  • Section 71689.3.
    (a) The superior court of the principal county may issue a temporary restraining order upon the filing by the district with the court of a verified...
  • Section 71689.4.
    If the board shall have probable cause to believe that the production of ground water from any water-producing facility is in excess of that disclosed...
  • Section 71689.5.
    The district may bring a suit in the court having jurisdiction against any producer of ground water from the ground water supplies within the district...
  • Section 71689.6.
    It shall be unlawful to produce groundwater from any water-producing facility within any district from and after one year following the adoption of the resolution...
  • Section 71689.7.
    Following a final adjudication of all or substantially all of the rights to extract ground water and a determination of the natural safe yield of...
  • Section 71689.8.
    To the extent that the replenishment assessment after adjudication hereunder shifts from all producers to those who extract water in excess of their respective shares...
  • Section 71689.9.
    To the extent that ground water supplies are replenished under this article no person shall acquire any property or other right in the waters provided...

Last modified: October 22, 2018