PART 9. GROUND WATER CHARGE [75500. - 75642.]

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

§§ 75500–75642 · 68 sections

CHAPTER 1. In General §§ 75500–75524 · 15 sections
1. ARTICLE 1. Definitions §§ 75500–75508 · 10 sections
  - § 75500 Unless the context otherwise requires, the provisions of this article shall govern the construction of this part.
  - § 75501 “Person” or “operator” means public agencies, federal, state, and local, private corporations, firms, partnerships, limited liability companies, individuals,…
  - § 75502 “Ground water” means all water beneath the earth’s surface, but does not include water which is produced with oil in the production of oil and gas, or in a…
  - § 75502.5 Notwithstanding Sections 75500 and 75502, for purposes of the United Water Conservation District, “groundwater” means all water beneath the earth’s surface,…
  - § 75503 “Production” or “producing” means the act of extracting ground water by pumping or otherwise.
  - § 75504 “Water-producing facility” means any device or method, mechanical or otherwise, for the production of water from the ground water supplies within the district.
  - § 75505 “Accumulated overdraft” means the amount of water necessary to be replaced in the intake areas of the ground water basins within the district or any zone or…
  - § 75506 “Annual overdraft” means the amount, determined by the board, by which the production of water from ground water supplies within the district or any zone or…
  - § 75507 (a) “Water year” means the period beginning October 1 of one calendar year and ending September 30 of the following calendar year. (b) “Current water year”…
  - § 75508 “Agricultural water” means water first used on lands in the production of plant crops or livestock for market.
2. ARTICLE 2. General Provisions §§ 75520–75524 · 5 sections
  - § 75520 The provisions of Articles 1 (commencing with Section 75560), 2 (commencing with Section 75570), and 3 (commencing with Section 75590) of Chapter 3 of this…
  - § 75521 Ground water charges levied pursuant to this part are declared to be in furtherance of district activities in the protection and augmentation of the water…
  - § 75522 The ground water charges are authorized to be levied upon the production of ground water from all water-producing facilities, whether public or private, within…
  - § 75523 The proceeds of ground water charges levied and collected upon the production of water from ground water supplies within the district or a zone or zones…
  - § 75524 Any person or operator who augments the water supplies for use within the United Water Conservation District or a zone or zones thereof, by importing water…
CHAPTER 2. Establishment of Zones and Registration of Water-Measuring Devices §§ 75540–75544 · 5 sections
- § 75540 Prior to the establishment of any ground water charge, the board shall establish a zone or zones within the district within which the ground water charge will…
- § 75541 Within six months after the date of establishing a zone or zones, all water-producing facilities located within the boundaries of such zone or zones shall be…
- § 75542 Any new water-producing facility constructed or reestablished after the period prescribed in Section 75541 shall be registered with the district and, if…
- § 75543 Any water-measuring device required by and satisfactory to any other public agency, county, or district, or zone thereof, the boundaries of which substantially…
- § 75544 The registration form for water-measuring devices shall contain all of the following: (a) Information as to the owner or owners of the land upon which each…
CHAPTER 3. Procedure for Levy and Collection §§ 75560–75638 · 45 sections
1. ARTICLE 1. Investigation and Report §§ 75560–75561 · 2 sections
  - § 75560 The district shall annually cause to be made an engineering investigation and report upon ground water conditions of the district.
  - § 75561 The engineering investigation and report shall include all of the following: (a) Information for the consideration of the board in its determination of the…
2. ARTICLE 2. Hearing §§ 75570–75575 · 6 sections
  - § 75570 On or before the day of the regular meeting of the board in March of each year, the engineering investigation and report shall be delivered to the secretary in…
  - § 75571 The secretary shall publish a notice of the receipt of the engineering investigation and report and of a public hearing thereon to be held in April. The notice…
  - § 75572 The notice, among other information which the district may provide therein, shall contain an invitation to all operators of water-producing facilities within…
  - § 75573 The board shall hold a public hearing in April of each year, in the regular meeting place of the board, not sooner than 30 days after receipt of the…
  - § 75574 The board shall, before the levy of the ground water charge, find and determine all of the following: (a) The average annual overdraft for the immediate past…
  - § 75575 The findings and determinations by the board are conclusive and binding upon all persons and parties.
3. ARTICLE 3. Levy §§ 75590–75601 · 10 sections
  - § 75590 Prior to the end of the water year in which the hearing is held, and based upon the findings and determinations from the hearing, the board shall determine…
  - § 75591 If the board determines that a zone or zones should be established and a ground water charge levied therein, it shall establish the zone or zones and levy,…
  - § 75592 The charge shall be computed at a fixed and uniform rate per acre-foot for agricultural water, and at a fixed and uniform rate per acre-foot for all water…
  - § 75593 Different rates may be established in different zones; provided, however, that in each zone the rate for agricultural water shall be fixed and uniform and the…
  - § 75594 Except as provided in Section 75595, any ground water charge in any year shall be established at a fixed and uniform rate for each acre-foot for water other…
  - § 75595 In any county which has a population of 503,000 or more and less than 600,000, any ground water charge in any year shall be established at a fixed and uniform…
  - § 75596 Any ground water charge levied pursuant to this part shall be in addition to any general tax or assessment levied within the district or a zone or zones…
  - § 75598 In addition to the information required to be given to the board of supervisors and the auditor of each affected county pursuant to Chapter 1 (commencing with…
  - § 75600 Clerical errors occurring or appearing in the name of any person or in the description of the water-producing facility where the production of water therefrom…
  - § 75601 (a) Notwithstanding any other provision of law, the board may amend the report prepared pursuant to Section 75561 at any time during the water year. Upon…
4. ARTICLE 4. Collection §§ 75610–75624 · 15 sections
  - § 75610 The district, after the levying of the ground water charge, shall give notice thereof to each operator of each water-producing facility in the zone or zones as…
  - § 75611 After the establishment of a ground water charge, each operator of a water-producing facility within the affected zone or zones of the district, until such…
  - § 75612 If no water has been produced from a water-producing facility during the preceding six-month period, a statement shall be filed with the district, setting…
  - § 75613 The ground water charge is payable to the district on or before the last date upon which the water production statement is required to be filed and is computed…
  - § 75614 Whenever any water-producing facility in an affected zone is permanently abandoned, the operator thereof shall give written notice of such abandonment to the…
  - § 75615 If any operator of a water-producing facility fails to pay the ground water charge when due, the district shall charge interest at the rate of one percent (1%)…
  - § 75616 If any operator of a water-producing facility fails to register the water-producing facility, or fails to file the water production statements as required by…
  - § 75617 The board may, at the time of fixing the ground water charge, establish a method or methods to be used in computing the amount of water produced from a…
  - § 75618 Upon good cause shown, an amended statement of water production may be filed or a correction of the records may be made at any time prior to the final date for…
  - § 75619 If the district has probable cause to believe that the production of water from any water-producing facility is in excess of that disclosed by the sworn…
  - § 75620 After the determination has been made by the district pursuant to Section 75619, a written notice thereof shall be mailed to the person operating the…
  - § 75621 A determination made by the district pursuant to Section 75619 shall be conclusive on all persons having an interest in the water-producing facility involved,…
  - § 75622 Upon the filing of a protest, the board shall hold a hearing, at which time the total amount of the water production and the ground water charge thereon shall…
  - § 75623 A notice of the hearing shall be mailed to the protestant at least 10 days before the date fixed for the hearing. Notice of the determination by the board at…
  - § 75624 Notice as required in Sections 75620 and 75623 shall be given by deposit thereof in any postal facility regularly maintained by the government of the United…
5. ARTICLE 5. Court Actions §§ 75630–75633 · 4 sections
  - § 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…
  - § 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…
  - § 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…
  - § 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…
6. ARTICLE 6. United Water Conservation District §§ 75634–75638 · 8 sections
  - § 75634 For the purposes of this article, “district” means the United Water Conservation District.
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 75637 (a) As an alternative to bringing suit pursuant to Section 75633, the district may collect any delinquent groundwater charges and any interest, penalties,…
  - § 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…
  - § 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…
CHAPTER 4. Crimes §§ 75640–75642 · 3 sections
- § 75640 Any person who fails to register a water-producing facility, as required by Chapter 2 (commencing with Section 75540) of this part, is guilty of a misdemeanor.
- § 75641 Any person who produces water from any water-producing facility required to be registered pursuant to Chapter 2 (commencing with Section 75540) of this part is…
- § 75642 Any person who injures, alters, removes, resets, adjusts, manipulates, obstructs, or in any manner interferes or tampers with, or procures or causes or directs…