CHAPTER 12. Enforcement of Water Rights

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

§§ 1825–1851 · 16 sections

1. ARTICLE 1. Policy § 1825 · 1 section

   • § 1825 It is the intent of the Legislature that the state take vigorous action to enforce the terms and conditions of permits, licenses, certifications, and…
2. ARTICLE 2. Cease and Desist Orders §§ 1831–1836 · 5 sections

   • § 1831 (a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an…
   • § 1832 Cease and desist orders of the board shall be effective upon the issuance thereof. The board may, after notice and opportunity for hearing, upon its own motion…
   • § 1834 (a) In the event that a violation of a requirement described in subdivision (d) of Section 1831 is occurring or threatening to occur, the board shall give…
   • § 1835 As used in this chapter, “person” includes any city, county, district, the state, or any department or agency thereof, and the United States to the extent…
   • § 1836 Nothing in this chapter shall preclude the board from issuing any order or taking any other action authorized pursuant to Sections 275 and 1052.
3. ARTICLE 3. Monitoring and Reporting §§ 1840–1841.5 · 3 sections

   • § 1840 (a) (1) Except as provided in subdivision (b), a person who, on or after January 1, 2016, diverts 10 acre-feet of water per year or more under a permit or…
   • § 1841 (a) The board may adopt regulations requiring measurement and reporting of water diversion and use by either of the following: (1) Persons authorized to…
   • § 1841.5 (a) For the purposes of a device installed pursuant to Section 1840 or 1841 or a method of measurement proposed and adopted pursuant to Section 934 or 935 of…
4. ARTICLE 4. Enforcement §§ 1845–1848 · 5 sections

   • § 1845 (a) Upon the failure of any person to comply with a cease and desist order issued by the board pursuant to this chapter, the Attorney General, upon the request…
   • § 1846 (a) A person or entity may be liable for a violation of any of the following in an amount not to exceed one thousand dollars ($1,000) for each day in which the…
   • § 1846.5 (a) An urban retail water supplier who commits any of the violations identified in subdivision (b) may be liable in an amount not to exceed the following, as…
   • § 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)…
   • § 1848 (a) Except as provided in subdivisions (b) and (c), remedies under this chapter are in addition to, and do not supersede or limit, any other remedy, civil or…
5. ARTICLE 5. Private Litigation §§ 1850–1851 · 2 sections

   • § 1850 Any factual or legal determinations made pursuant to a cease and desist order shall be conclusive and shall preclude any party to the order from raising those…
   • § 1851 Nothing in this chapter shall be construed to limit or abridge the right of any person to bring an action for equitable or legal relief for harm caused by an…