reglab/housing_qa huggingface dataset:
CA Water Code § 60328 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 6 - WATER REPLENISHMENT ASSESSMENT|CHAPTER 4 - Collection of Assessments|Section 60328.

60328.  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 erroneously overstated his production of ground water in any sworn statement for a quarterly period required under the provisions of Section 60326, and who has overpaid his replenishment assessment for that quarter, but only upon compliance by the producer with the procedure hereinafter set forth and within the time hereinafter provided.Any such producer, within one year of the last day for filing of the said sworn statement for the quarterly period in question, may file a verified application with the district on a form to be furnished by the district, containing such information as the district may require, requesting a refund of that portion of any replenishment assessment claimed to have been paid by reason of that producer’s erroneous overstatement of ground water production. If incomplete information is contained in said application, or if the board desires other or further information than called for by that application, the same shall also be furnished by a verified statement within 30 days of mailing of written notice of request therefor to the producer at his address as shown by the district’s records, or the application shall be deemed abandoned. Such request by the board shall not cause any application otherwise timely filed to be considered as not filed within said one-year period. The board may authorize, and the district may pay, any refund claimed without a hearing thereon, but no application shall be denied in whole or in part without a hearing being accorded to the applicant in which he shall have the burden of proof. Any determination by the board on any matter in connection with said application shall be final and conclusive upon the producer.Any refund authorized to be paid under the provisions of this section may be paid only out of moneys realized from replenishment assessments levied pursuant to Section 60317, then or thereafter raised. Upon election of the producer, any refund determined by the board to be owing may be credited to the producer against any subsequent replenishment assessments which might become due and owing from him. No refunds shall be made except as authorized by this section.(Added by Stats. 1963, Ch. 253.)
CA Water Code § 60329 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 6 - WATER REPLENISHMENT ASSESSMENT|CHAPTER 4 - Collection of Assessments|Section 60329.

60329.  The board, by action uniformly applicable as to any quarter, and adopted prior to the commencement of the quarter, may provide that there shall not be due or payable any quarterly installment of less than three dollars ($3) otherwise payable by a producer under Section 60327 with respect to production of groundwater from all water-producing facilities operated by the producer during the quarterly period.(Added by Stats. 1985, Ch. 536, Sec. 4.)
CA Water Code § 60335 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 6 - WATER REPLENISHMENT ASSESSMENT|CHAPTER 5 - Penalties and Exemptions|Section 60335.

60335.  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 interest at the rate of 1 percent per month on the delinquent amount of the assessment.(Amended by Stats. 1961, Ch. 585.)
CA Water Code § 60336 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 6 - WATER REPLENISHMENT ASSESSMENT|CHAPTER 5 - Penalties and Exemptions|Section 60336.

60336.  (a) Should any operator of a water-producing facility knowingly fail to register his or her water-producing facility or knowingly fail to file the groundwater production statement, or knowingly fail to file and furnish any other reports or statements required by resolution of the board adopted pursuant to Section 60326, the operator shall, in addition to interest as provided in Section 60335, become liable to the district for a penalty of one thousand dollars ($1,000).(b) The changes made to this section by the act adding this subdivision shall not apply to any operator of a water-producing facility that is a party to litigation involving a water replenishment district filed before July 1, 2013, until after the litigation is settled or all legal remedies have been exhausted.(Amended by Stats. 2013, Ch. 638, Sec. 3. (SB 620) Effective January 1, 2014.)
CA Water Code § 60337 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 6 - WATER REPLENISHMENT ASSESSMENT|CHAPTER 5 - Penalties and Exemptions|Section 60337.

60337.  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 opening not greater than two inches in diameter and providing ground water for domestic or irrigation uses on an area not exceeding one acre in extent, shall pay the amount fixed in such resolution as the replenishment assessment to be paid by such producer. No sworn statement as to the production of ground water from such water-producing facility need be filed.(Added by Stats. 1955, Ch. 1514.)
CA Water Code § 60339 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 6 - WATER REPLENISHMENT ASSESSMENT|CHAPTER 5 - Penalties and Exemptions|Section 60339.

60339.  (a) The superior court of the county in which the major portion of the district lies may issue a temporary restraining order upon the filing by the district with the court of a verified petition or complaint setting forth that the person named therein as defendant is the operator of a water-producing facility which has not been registered with the district or that the defendant is delinquent in the payment of a replenishment assessment. The temporary restraining order shall be returnable to the court on or before 10 days after its issuance.(b) The court may issue and grant an injunction restraining and prohibiting the named defendant from the operation of any water-producing facility when it is established by the preponderance of the evidence at a hearing that the defendant has failed to register the water-producing facility with the district or that the defendant is delinquent in the payment of a replenishment assessment. The court may provide that the injunction so made and issued shall be stayed for a period not to exceed 10 days to permit the defendant to register the water-producing facility or to pay the delinquent replenishment assessment.(c) Service of process shall be made by posting a copy of the summons and complaint upon the water-producing facility or the parcel of land upon which the water-producing facility is located and by personal service of summons and complaint upon the named defendant.(d) The right to proceed for injunctive relief as provided in this section shall be in addition to any other right which may be provided elsewhere in this act or which may be otherwise allowed by law. The procedure provided in Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure regarding injunctions shall be followed except insofar as it may be otherwise provided in this section.(e) The court shall direct that the district or operator of a water-producing facility be awarded the reasonable attorney’s fees and costs relating to a motion seeking injunctive relief under this section whenever the district or operator of a water-producing facility prevails on a petition or complaint.(f) The changes made to this section by the act adding this subdivision shall not apply to any operator of a water-producing facility that is a party to litigation involving a water replenishment district filed before July 1, 2013, until after the litigation is settled or all legal remedies have been exhausted.(Amended by Stats. 2013, Ch. 638, Sec. 4. (SB 620) Effective January 1, 2014.)
CA Water Code § 60340 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 6 - WATER REPLENISHMENT ASSESSMENT|CHAPTER 5 - Penalties and Exemptions|Section 60340.

60340.  If the board of a district 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 sworn statements covering such water-producing facility, or if no statements are filed covering a water-producing facility, the board of such district may cause an investigation and report to be made concerning the production of ground water from such water-producing facility. The board of the district may fix the amount of ground water production from any such water-producing facility at an amount not to exceed the maximum production capacity of such water-producing facility; provided, however, where a water-measuring device is permanently attached thereto, the record of production as disclosed by such water-measuring device shall be presumed to be accurate and the burden is upon the district to establish to the contrary.After such determination has been made by the board of the district, a written notice thereof shall be mailed to the operator of such water-producing facility at his address as shown by the district’s records. Any such determination made by the district shall be conclusive on the operator, and on any producer producing water from such water-producing facility, and the replenishment assessment based thereon, together with interest and penalties, shall be payable forthwith, unless such operator or producer shall file with the board of directors of the district within ten (10) days after the mailing of such notice a written protest setting forth the ground or grounds for protesting the amount of production so fixed or the replenishment assessment, interest, and penalties so levied thereon. Upon the filing of such protest, said board shall hold a hearing at which time the total amount of the ground water production and the replenishment assessment thereon shall be determined, and the interest and penalties fixed, which action shall be conclusive if based upon substantial evidence. A notice of such hearing shall be mailed to protestant at least 10 days before the date fixed for the hearing. Notice of the determination by the board shall be mailed to each protestant. The producer shall have 20 days from the date of mailing of such notice to pay the replenishment assessment, interest and penalties so fixed by the board.(Added by Stats. 1955, Ch. 1514.)
CA Water Code § 60341 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 6 - WATER REPLENISHMENT ASSESSMENT|CHAPTER 5 - Penalties and Exemptions|Section 60341.

60341.  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 collection of any delinquent replenishment assessment, interest, or penalties. The court having jurisdiction of the suit may, in addition to any judgment, award interest and costs on any judgment as allowed by law. Should the district seek an attachment against the property of any named defendant therein, the district shall not be required to furnish bond or other undertaking as provided in Part 2, Title 7, Chapter 4 of the Code of Civil Procedure.(Amended by Stats. 1961, Ch. 585.)
CA Water Code § 60342 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 6 - WATER REPLENISHMENT ASSESSMENT|CHAPTER 5 - Penalties and Exemptions|Section 60342.

60342.  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 provided for in Section 60305 hereof, unless such water-producing facility shall have a water-measuring device affixed thereto capable of registering the accumulated amount of groundwater produced therefrom.The board by resolution may extend such date on a year-to-year basis upon its determination that availability, price of water-measuring devices, or other circumstances justify such extension. Should the date be extended, notice thereof shall be published in the district pursuant to Section 6066 of the Government Code, such publication to be completed not less than two months prior to the date so extended.This section shall not be applicable to any operator of a water-producing facility having a discharge opening two inches or less in diameter and providing groundwater for domestic or irrigation uses on an area not exceeding one acre in extent, who is required to pay a replenishment assessment in an amount fixed by resolution of the board of the district as hereinabove in this act provided.Violation of this section shall be punishable by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail for not to exceed six months, or by both such fine and imprisonment. Each day of operation of a water-producing facility in violation hereof shall constitute a separate offense.(Amended by Stats. 1983, Ch. 1092, Sec. 416. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
CA Water Code § 60343 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 6 - WATER REPLENISHMENT ASSESSMENT|CHAPTER 5 - Penalties and Exemptions|Section 60343.

60343.  If another public entity, or public entities, or a watermaster, or watermasters, appointed in one or more court adjudications, or any combination of the foregoing (hereafter “other regulator or regulators”) is monitoring by appropriate means the water production of substantially all water producers within the district, the board may, by resolution, indefinitely suspend the date for affixing a water-measuring device as referenced in Section 60342.The suspension does not affect any requirements of any other regulator or regulators. The suspension may be revoked, and the date for affixing water measuring devices established, by further board resolution.All resolutions adopted under this section shall be published in the district pursuant to Section 6006 of the Government Code. In the case of any revocation, the publication shall be completed not less than two months prior to the operative date of the revocation. In the case of any revocation, notice of the operative date shall be given by first-class mail, postage prepaid, to operators at any address of record within the district within the time required for publication, but no defect in or failure to mail the notice to any operator affects the operative date of the revocation.(Added by Stats. 1985, Ch. 536, Sec. 5.)
CA Water Code § 60350 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 6 - WATER REPLENISHMENT ASSESSMENT|CHAPTER 6 - Adjudication|Section 60350.

60350.  Commencing with the third fiscal year 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 water supplies within the district, and a determination of the amount or extent to which the rights to extract ground water so adjudicated may be exercised without exceeding the natural safe yield of such ground water supplies, the board of such district shall recognize such judicial determination by exempting from replenishment assessments the amount of water pumped by each person whose rights have been so adjudicated which does not exceed his proportionate share of the natural safe yield of the ground water supplies of the district, as so adjudicated from time to time by the court having jurisdiction over such adjudication proceeding. The replenishment assessment shall thenceforth be levied on each producer by multiplying the production in acre-feet of ground water so produced by such producer’s water-producing facility in excess of his said adjudicated share of the natural safe yield by the rate of the replenishment assessment fixed and levied by the board for the fiscal year in which such production shall occur.Upon such final adjudication, the board may, and within 90 days after receipt of a written notice from a producer shall, by resolution make a determination whether the adjudication will invoke the provisions of this section as of the beginning of the third fiscal year. Such determination is subject at any time to review de novo by any court of competent jurisdiction in any action for declaratory relief, or other appropriate action.(Amended by Stats. 1963, Ch. 253.)
CA Water Code § 60351 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 6 - WATER REPLENISHMENT ASSESSMENT|CHAPTER 6 - Adjudication|Section 60351.

60351.  To the extent that ground water supplies are replenished under this act no person shall acquire any property or other right in the waters distributed by the district for replenishment purposes.(Added by Stats. 1955, Ch. 1514.)
CA Water Code § 60352 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 6 - WATER REPLENISHMENT ASSESSMENT|CHAPTER 6 - Adjudication|Section 60352.

60352.  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 of the natural safe yield of the ground water supplies within the district as so adjudicated, such replenishment assessment shall be deemed to benefit those persons who continue to pump and extract ground water in excess of their adjudicated shares of the natural safe yield. Inasmuch as such persons must buy supplemental water or be in contempt of the court’s order limiting their extraction of ground water, they shall be deemed to benefit by the payment of a replenishment assessment which is used to purchase water to supplement the natural supplies of ground water available for use.(Added by Stats. 1955, Ch. 1514.)
CA Water Code § 60370 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 7 - CHANGES IN ORGANIZATION|CHAPTER 1 - Inclusion|Section 60370.

60370.  Any territory including unincorporated territory or incorporated territory or a part of either, and lying within one or more counties of this State may be annexed to a water replenishment district under the provisions of this part.(Added by Stats. 1955, Ch. 1514.)
CA Water Code § 60371 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 7 - CHANGES IN ORGANIZATION|CHAPTER 1 - Inclusion|Section 60371.

60371.  A petition, which may consist of any number of separate instruments, shall be filed with the secretary of the district, signed by registered voters residing within the boundaries of the area proposed to be annexed equal in number to at least 10 per centum of the number of such voters residing within the area so proposed to be annexed.(Added by Stats. 1955, Ch. 1514.)
CA Water Code § 60372 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 7 - CHANGES IN ORGANIZATION|CHAPTER 1 - Inclusion|Section 60372.

60372.  Such petition shall set forth and describe the boundaries of the area proposed to be annexed and shall contain a prayer that such area be annexed to such district.(Added by Stats. 1955, Ch. 1514.)
CA Water Code § 60373 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 7 - CHANGES IN ORGANIZATION|CHAPTER 1 - Inclusion|Section 60373.

60373.  The text of such petition and a notice stating the time of the meeting at which the same will be presented shall be published in the affected county pursuant to Section 6066 of the Government Code. When contained upon one or more instruments, one copy only of such petition need be published. No more than five of the names attached to the petition need appear in the publication of the petition and notice, but the number of signers shall be stated. Publication shall be complete at least seven, but not more than 28, days before the time at which the petition is to be presented to the board.(Amended by Stats. 1957, Ch. 357.)
CA Water Code § 60374 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 7 - CHANGES IN ORGANIZATION|CHAPTER 1 - Inclusion|Section 60374.

60374.  Within 10 days of the date of filing of such petition the secretary of the district shall examine the same and ascertain whether or not such petition is signed by the requisite number of voters.(Added by Stats. 1955, Ch. 1514.)
CA Water Code § 60375 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 7 - CHANGES IN ORGANIZATION|CHAPTER 1 - Inclusion|Section 60375.

60375.  When the secretary of the district has completed his examination of the petition, he shall attach to the same his certificate, properly dated, showing the result of such examination, and if from such examination he shall find that said petition is signed by the requisite number of voters or is not so signed, he shall certify that the same is sufficient or insufficient, as the case may be.(Added by Stats. 1955, Ch. 1514.)
CA Water Code § 60376 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 7 - CHANGES IN ORGANIZATION|CHAPTER 1 - Inclusion|Section 60376.

60376.  If, by the certificate of the secretary of the district, the petition is found to be insufficient, he shall also certify to the number of voters required to make such petition sufficient, and it may be amended by filing a supplemental petition or petitions within 10 days of the date of such certificate.(Added by Stats. 1955, Ch. 1514.)
CA Water Code § 60377 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 7 - CHANGES IN ORGANIZATION|CHAPTER 1 - Inclusion|Section 60377.

60377.  The secretary of the district shall, within 10 days after the filing of such supplemental petition or petitions, make like examination of the same and certify to the result of such examination as hereinbefore provided.(Added by Stats. 1955, Ch. 1514.)
CA Water Code § 60378 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 7 - CHANGES IN ORGANIZATION|CHAPTER 1 - Inclusion|Section 60378.

60378.  If his certificate shall show any such petition, or such petition as amended, to be insufficient, it shall be filed by him with the board of the district and kept as a public record, without prejudice, however, to the filing of a new petition to the same effect, but if, by the certificate of the secretary, such petition, or petition as amended, is shown to be sufficient, the secretary shall present the same to the board without delay.(Added by Stats. 1955, Ch. 1514.)
CA Water Code § 60379 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 7 - CHANGES IN ORGANIZATION|CHAPTER 1 - Inclusion|Section 60379.

60379.  If any supplemental petition be filed, all the signatures appended to the petition or to the supplemental petition or petitions shall be considered in determining the number of voters signing the petition.(Added by Stats. 1955, Ch. 1514.)
CA Water Code § 60380 (2021)
2021 California Code|Water Code - WAT|DIVISION 18 - WATER REPLENISHMENT DISTRICTS|PART 7 - CHANGES IN ORGANIZATION|CHAPTER 1 - Inclusion|Section 60380.

60380.  After an election for the annexation of such area to the district the sufficiency of such petition in any respect shall not be subject to judicial review or be otherwise questioned.(Added by Stats. 1955, Ch. 1514.)