ARTICLE 4. Water Replenishment Assessment

Article 4 added by Stats. 1965, Ch. 1725.

§§ 71682–71689.9 · 27 sections

§ 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 of the…
§ 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 levied…
§ 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.…
§ 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…
§ 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 water supplies…
§ 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, the board, by resolution,…
§ 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…
§ 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 president or presiding officer…
§ 71686.3 The board may appoint a qualified registered engineer familiar with water problems as a hearing officer to conduct the hearing.
§ 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.
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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 for…
§ 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…
§ 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…
§ 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 petition or…
§ 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 by the…
§ 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 for the…
§ 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…
§ 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 the ground…
§ 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…
§ 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 by the…