reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 5 - FINANCES › CHAPTER 3 - Taxes › Section 60252.

60252. The board shall direct that at the time and in the manner required by law for the levying of taxes for county purposes, such board of supervisors shall levy, in addition to such other tax as may be levied by such board of supervisors, at the rate or rates so fixed and determined by the board, a tax upon the real property and improvements thereon, but not on personal property within the district, and it is made the duty of the officer or body having authority to levy taxes within each county to levy the tax so required.
(Added by Stats. 1955, Ch. 1514.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 5 - FINANCES › CHAPTER 3 - Taxes › Section 60253.

60253. Taxes for the payment of the interest on or principal of any bonded debt shall be levied on the real property and improvements thereon, but not on personal property within the district, as determined by the board in the resolution declaring the necessity to incur the debt.
(Added by Stats. 1955, Ch. 1514.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 5 - FINANCES › CHAPTER 3 - Taxes › Section 60255.

60255. It shall be the duty of all county officials charged with the duty of collecting taxes to collect the taxes provided for herein in time, form and manner as county taxes are collected, and when collected pay the same to the district.
(Added by Stats. 1955, Ch. 1514.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 5 - FINANCES › CHAPTER 3 - Taxes › Section 60256.

60256. All taxes provided for herein shall be a lien on all the real property and improvements thereon, but not on personal property within the district, and their collection may be enforced by the same means as provided for in the enforcement of liens for state and county taxes.
(Added by Stats. 1955, Ch. 1514.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 5 - FINANCES › CHAPTER 3 - Taxes › Section 60257.

60257. When mineral rights are assessed separately from other rights in any parcel of real property no tax shall be levied under this division upon such mineral rights and any such tax shall be levied upon such real property exclusive of such mineral rights.
(Added by Stats. 1955, Ch. 1514.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 5 - FINANCES › CHAPTER 4 - Bonds › Section 60270.

60270. Whenever the board deems it necessary for the district to incur a bonded indebtedness, the board shall, by resolution, so declare and state the purpose for which the proposed debt is to be incurred, the amount of debt to be incurred, the maximum term the bonds proposed to be issued shall run before maturity, which shall not exceed 40 years; the maximum rate of interest to be paid, which shall not exceed 8 percent per annum, and the measure to be submitted to the voters.
(Amended by Stats. 1975, Ch. 130.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 5 - FINANCES › CHAPTER 4 - Bonds › Section 60271.

60271. The board shall fix a date upon which an election shall be held for the purpose of authorizing said bonded indebtedness to be incurred.
(Added by Stats. 1955, Ch. 1514.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 5 - FINANCES › CHAPTER 4 - Bonds › Section 60272.

60272. It shall be the duty of the board to provide for holding such special election on the day so fixed and in accordance with the provisions of the Elections Code so far as the same shall be applicable, except as herein otherwise provided.
(Added by Stats. 1955, Ch. 1514.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 5 - FINANCES › CHAPTER 4 - Bonds › Section 60273.

60273. Such board shall give notice of the holding of such election, which notice shall contain the text of the resolution adopted by the board of the district, the designation of precincts, the location of polling places, and the names of the officers selected to conduct the election, who shall consist of one judge, one inspector and two clerks in each precinct.
(Added by Stats. 1955, Ch. 1514.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 5 - FINANCES › CHAPTER 4 - Bonds › Section 60274.

60274. In case such election is consolidated with a state or county election, the precincts, polling places, and election officers shall be the same as provided for such state or county election, and it shall be sufficient if the resolution and notice so state.
(Added by Stats. 1955, Ch. 1514.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 5 - FINANCES › CHAPTER 4 - Bonds › Section 60275.

60275. The notice shall be published in such district pursuant to Section 6066 of the Government Code in a newspaper or newspapers designated by the board. If there is no newspaper published in such district, then such notice shall be posted in three public places in such district in each affected county. Publication or posting shall be complete at least 14, but not more than 28, days prior to the date of the election.
(Amended by Stats. 1957, Ch. 357.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 5 - FINANCES › CHAPTER 4 - Bonds › Section 60277.

60277. The returns of such election shall be made, the votes canvassed by said board within seven days following said election, and the results thereof ascertained and declared in accordance with the provisions of the Elections Code, so far as they may be applicable, except as in this act otherwise provided.
(Added by Stats. 1955, Ch. 1514.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 5 - FINANCES › CHAPTER 4 - Bonds › Section 60280.

60280. Any action or proceeding, wherein the validity of any such bonds or of the proceedings in relation thereto is contested, questioned or denied, shall be commenced within three months from the date of such election; otherwise, said bonds and all proceedings in relation thereto shall be held to be valid and in every respect legal and incontestable.
(Added by Stats. 1955, Ch. 1514.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 5 - FINANCES › CHAPTER 4 - Bonds › Section 60281.

60281. If from such returns it appears that more than two-thirds of the votes cast at such election held pursuant to the provisions of this chapter were in favor of and assented to the incurring of such indebtedness, then the board may, by resolution, at such time or times as it deems proper, provide for the form and execution of such bonds and for issuance of any part thereof, and may sell or dispose of the bonds so issued at such times or in such manner, either for cash in lawful money of the United States or its equivalent, as it may deem to be to the public interest.
(Added by Stats. 1955, Ch. 1514.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 5 - FINANCES › CHAPTER 4 - Bonds › Section 60282.

60282. Any bonds issued by any district are hereby given the same force, value and use as bonds issued by any city and shall be exempt from all taxation within the State of California.
(Added by Stats. 1955, Ch. 1514.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 5 - FINANCES › CHAPTER 5 - District Reserves and Accounting › Section 60292.

60292. (a) The district shall order, review, and maintain on file an independent, audited financial statement not later than 180 days from the conclusion of the district’s fiscal year. The independent audited financial statement shall be prepared by a certified public accountant or a public accountant, licensed by the California Board of Accountancy. The independent audited financial statement shall be consistent with standards provided in the Generally Accepted Government Auditing Standards prepared by the United States Government Accountability Office.
(b) Copies of the independent audited financial statement shall be submitted to the Governor, the Senate Committee on Governance and Finance or its successor, the Assembly Committee on Local Government or its successor, and the California State Auditor on or before December 31 of each year.
(1) Copies of the independent audited financial statement shall include, regardless of whether the certified public accountant or public accountant reports separately, including separate reports bound in the same document, any finding or findings involving deficiencies in internal control, fraud, noncompliance with provisions of laws, regulations, contracts, and grant agreements, and abuse. The district shall include its written comments in response to findings that provide the perspectives of the responsible officials of the district and the corrective actions they plan to take.
(2) In addition to copies of the independent audited financial statement, the district shall also provide information on expenditures relating to capital improvement projects planned to be undertaken by the district.
(Amended by Stats. 2018, Ch. 351, Sec. 3. (SB 963) Effective January 1, 2019.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 6 - WATER REPLENISHMENT ASSESSMENT › CHAPTER 1 - Survey › Section 60300.

60300. 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 of the district. The same shall include, among all other information and data which the board may require, the following:
(1) Records, data and other information for the consideration of the board in its determination of the annual overdraft;
(2) Records, data and other information for the consideration of the board in its determination of the accumulated overdraft as of the last day of the preceding water year;
(3) A report, with supporting data, as to the total production of ground water from the ground water supplies within the replenishment district during the preceding water year;
(4) A report, with supporting data, as to the changes during the preceding water year in the pressure levels or piezometric heights of the ground water contained within pressure-level areas of the replenishment district, and as to the effects thereof upon the ground water supplies within such replenishment district;
(5) An estimate of the annual overdraft for the current water year and for the ensuing water year;
(6) An estimate of the accumulated overdraft as of the last day of the current water year;
(7) An estimate of the total production of ground water from the ground water supplies within the replenishment district for the current water year and for the ensuing water year;
(8) An estimate of the changes during the current water year in the pressure levels or piezometric heights of the ground water contained within pressure-level areas of the replenishment district, and of the effects thereof upon the ground water supplies within such replenishment district;
(9) An estimate of the quantity, source, and cost of water available for replenishment of the ground water supplies during the ensuing water year under the provisions of Section 60315.
(Amended by Stats. 1963, Ch. 309.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 6 - WATER REPLENISHMENT ASSESSMENT › CHAPTER 1 - Survey › Section 60301.

60301. If the district has received an engineering evaluation as to any matter within the powers of the district under Section 60224 and containing proposed action or alternate actions and estimated costs, including engineering and legal fees and expenses and district overhead, the board may, not later than the second Tuesday in February of each year, order the inclusion in the engineering survey and report referred to in Section 60300 of a statement of the proposed action or alternate actions and those estimated costs.
(Added by Stats. 1990, Ch. 389, Sec. 6.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 6 - WATER REPLENISHMENT ASSESSMENT › CHAPTER 2 - Hearings › Section 60305.

60305. On or before the second Tuesday in March of each year, and provided the survey and report called for by Section 60300 has been made, the board, by resolution, shall declare whether funds shall be raised to purchase water for replenishment during the next ensuing fiscal year and whether the funds shall be raised either by (a) a water charge, as provided in Chapter 2 (commencing with Section 60245) of Part 5, (b) a general assessment, as provided in Chapter 3 (commencing with Section 60250) of Part 5, (c) a replenishment assessment as provided in this chapter, or (d) a combination of any two or more of the foregoing, and whether the funds so to be raised, whether by a water charge, a general assessment, a replenishment assessment or a combination of those means, will benefit, directly or indirectly, all of the persons or real property and improvements within the district. The resolution shall also declare whether funds shall be raised to remove contaminants from groundwater supplies during the next ensuing fiscal year or to exercise any other power under Section 60224, and whether funds for that purpose shall be raised by a replenishment assessment as provided in this chapter, with a like statement of benefit.
(Amended by Stats. 1990, Ch. 389, Sec. 7.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 6 - WATER REPLENISHMENT ASSESSMENT › CHAPTER 2 - Hearings › Section 60306.

60306. If the board, by resolution, determines that all or a portion of the funds needed to purchase replenishment water, or to remove contaminants from the groundwater supplies of the district, or to exercise any other power under Section 60224, shall be raised by the levy of a replenishment assessment, then the board shall immediately publish a notice that a public hearing will be held on the second Tuesday of April for the purpose of determining whether and to what extent the estimated costs thereof for the ensuing year shall be paid for by a replenishment assessment. The notice shall contain a copy of the board’s resolution, the time and place of the hearing, and an invitation to all interested parties to attend and be heard in support of or opposition to the proposed assessment, the engineering survey and report, and the board’s determination, and shall invite inspection of the engineering survey and report upon which the board acted. The notice shall be published in each affected county pursuant to Section 6061 of the Government Code, at least 10 days before the hearing date.
(Amended by Stats. 1990, Ch. 389, Sec. 8.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 6 - WATER REPLENISHMENT ASSESSMENT › CHAPTER 2 - Hearings › Section 60307.

60307. Said 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 or hearing officer but shall be completed by the first Tuesday in May next following.
(Added by Stats. 1955, Ch. 1514.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 6 - WATER REPLENISHMENT ASSESSMENT › CHAPTER 2 - Hearings › Section 60309.

60309. 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 Stats. 1955, Ch. 1514.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 6 - WATER REPLENISHMENT ASSESSMENT › CHAPTER 3 - Findings and Order › Section 60316.

60316. Based on the findings pursuant to Section 60315, the board shall, by resolution, determine all of the following:
(a) What portion, if any, of the estimated cost of purchasing water for replenishment for the ensuing fiscal year shall be paid for by a replenishment assessment.
(b) What portion, not exceeding 25 percent of the above portion, of the estimated cost of purchasing in the future that quantity of water which should be purchased during the ensuing water year, but which is estimated to be unavailable during that year, shall be raised by a replenishment assessment.
(c) What portion of the estimated costs of removing contaminants from groundwater supplies and of taking other actions under Section 60224 during the ensuing fiscal year shall be paid for by a replenishment assessment.
(d) What portion, if any, of the cost of a capital improvement project for replenishment purposes shall be paid for by a replenishment assessment.
(e) What portion, if any, of the cost of a capital improvement project undertaken pursuant to Section 60224 shall be paid for by a replenishment assessment.
(Amended by Stats. 2000, Ch. 894, Sec. 5. Effective January 1, 2001.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 6 - WATER REPLENISHMENT ASSESSMENT › CHAPTER 3 - Findings and Order › Section 60317.

60317. (a) If the board determines that a replenishment assessment shall be levied upon the production of groundwater from groundwater supplies within the district during the ensuing fiscal year, immediately following the making of that determination the board shall levy a replenishment assessment on the production of groundwater from the groundwater supplies within the district during the fiscal year commencing the following July 1st, and the replenishment assessment shall be fixed by the board at a uniform rate per acre-foot of groundwater produced. The producers of that groundwater shall pay the replenishment assessment to the district at the times and in the manner provided in this division. That part of the assessment levied pursuant to the determination provided in subdivision (c) of Section 60316, exclusive of any part of the assessment for district administrative and overhead expenses, shall not exceed 50 percent of the average assessment levied for the current and four preceding fiscal years pursuant to determinations under subdivisions (a) and (b) of Section 60316, exclusive of any part of the assessment for district administrative and overhead expenses.
(b) A judicial action or proceeding to attack, review, set aside, void, or annul a resolution or motion made on or after January 1, 2015, levying a replenishment assessment pursuant to this part shall be commenced within 180 days following the adoption of the resolution or motion.
(c) An action brought on or after January 1, 2015, under this section shall be brought pursuant to Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure.
(Amended by Stats. 2014, Ch. 736, Sec. 1. (AB 2259) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 6 - WATER REPLENISHMENT ASSESSMENT › CHAPTER 3 - Findings and Order › Section 60317.5.

60317.5. Except as set forth in this section, nothing in this division prevents the use of district funds from any source for powers and functions authorized under this division. That part of a replenishment assessment levied pursuant to determinations under subdivisions (a) and (b) of Section 60316 shall not be utilized for the direct costs of prevention and removal of contaminants under subdivisions (a) and (b) of Section 60224. Any part of a replenishment assessment levied pursuant to a determination under subdivision (c) of Section 60316 which is not expended may be obligated and expended for other uses authorized by Section 60224 after hearing and findings pursuant to Sections 60306 and 60315. Any part of a replenishment assessment levied pursuant to a determination under subdivision (c) of Section 60316 which remains unexpended and unobligated for five fiscal years after the last obligation thereof, or any shorter period which the board may by resolution determine, shall be deemed to have been levied for other costs and expenses for which a replenishment assessment is authorized under this division. Funds from a replenishment assessment, although restricted as to use, may be loaned for any use for which and within the monetary limits for which, such an assessment has been levied. Any such loan shall be for a period not longer than 18 months and shall bear interest, as nearly as practicable in the discretion of the board, at the rate which those funds might have otherwise been invested at the time of the loan.
(Added by Stats. 1990, Ch. 389, Sec. 12.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 6 - WATER REPLENISHMENT ASSESSMENT › CHAPTER 3 - Findings and Order › Section 60318.

60318. (a) If the board determines, by resolution, that there is a problem of groundwater contamination that a proposed program will remedy or ameliorate, an operator may make extractions of groundwater to remedy or ameliorate that problem exempt from any replenishment assessment if the water is not applied to beneficial surface use, its extractions are made in compliance with all the terms and conditions of the board resolution, and the board has determined in the resolution either of the following:
(1) The groundwater to be extracted is unusable and cannot be economically blended for use with other water.
(2) The proposed program involves extraction of usable water in the same quantity as will be returned to the underground without degradation of quality.
(b) The resolution may provide those terms and conditions the board deems appropriate, including, but not limited to, restrictions on the quantity of extractions to be so exempted, limitations on time, periodic reviews, requirement of submission of test results from a laboratory holding a valid certification or accreditation as required by Section 13176, and any other relevant terms or conditions. Upon written notice to the operator involved, the board may rescind or modify its resolution. The rescission or modification of the resolution shall apply to groundwater extractions occurring more than 10 days after the rescission or modification. Notice of rescission or modification shall be either mailed first-class mail, postage prepaid, at least two weeks prior to the meeting of the board at which the rescission or modification will be made to the address of record of the operator or personally delivered two weeks prior to the meeting. All board determinations shall be final.
(Amended by Stats. 2000, Ch. 727, Sec. 7. Effective January 1, 2001.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 6 - WATER REPLENISHMENT ASSESSMENT › CHAPTER 4 - Collection of Assessments › Section 60325.

60325. 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 by the records of such district, which notice shall state the rate of replenishment assessment for each acre-foot of ground water to be produced during the ensuing fiscal year. The notice may be sent by postal card or by other first-class mail with postage prepaid by the district.
(Added by Stats. 1955, Ch. 1514.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 6 - WATER REPLENISHMENT ASSESSMENT › CHAPTER 4 - Collection of Assessments › Section 60326.

60326. 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 March 31st, June 30th, September 30th, and December 31st of each year, shall file with the district a sworn statement setting forth the total production in acre-feet of ground water from such water-producing facility during the respective quarterly periods immediately preceding the filing of the respective statements, a general description or number locating such water-producing facility, and the method or basis of the computation of such ground water production. Each statement also shall contain such other information as the district may require. The first such statement required to be filed after the formation of such district shall cover the first calendar quarter commencing not less than thirty (30) days after such formation.
If the board by its resolution determines that additional reports or statements are necessary or useful to carry out the purposes of this act and to administer the replenishment of the ground water supplies within the district, then the board shall by its resolution so declare and shall give notice of the adoption of said resolution by immediately publishing the same in each affected county pursuant to Section 6061 of the Government Code. Effective thirty (30) days after such publication, the operator of each water-producing facility in such district shall file with the district the report or statement required by such resolution, at such times and in such manner and form as are provided in such resolution.
(Amended by Stats. 1961, Ch. 585.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 6 - WATER REPLENISHMENT ASSESSMENT › CHAPTER 4 - Collection of Assessments › Section 60326.1.

60326.1. Notwithstanding Section 60326, the operator of each water-producing facility in the Water Replenishment District of Southern California shall file with the district, by the last day of the month following the statement period, a sworn statement declaring all of the following:
(a) The facility’s total groundwater production, measured in acre-feet, during the month preceding the filing of the statement.
(b) A general description or number locating the facility.
(c) The method used to compute the groundwater production.
(d) Other information that the district may require.
(Added by Stats. 1993, Ch. 52, Sec. 1. Effective January 1, 1994.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 6 - WATER REPLENISHMENT ASSESSMENT › CHAPTER 4 - Collection of Assessments › Section 60327.

60327. Any replenishment assessment levied pursuant to this act shall be due and payable to the district by each producer in quarterly installments on the last day for filing the statement of the production of ground water from the water-producing facility operated by such producer during the quarterly period required to be covered by such statement. The amount so due and payable shall be computed by multiplying the production in acre-feet of ground water so produced from such water-producing facility, as reported in such statement, by the rate of the replenishment assessment fixed and levied by the board of the district for the fiscal year in which such production shall occur.
(Added by Stats. 1955, Ch. 1514.)
2023 California Code › Water Code - WAT › DIVISION 18 - WATER REPLENISHMENT DISTRICTS › PART 6 - WATER REPLENISHMENT ASSESSMENT › CHAPTER 4 - Collection of Assessments › Section 60327.1.

60327.1. Notwithstanding Section 60327, each producer shall pay the Water Replenishment District of Southern California a replenishment assessment, imposed pursuant to this act, in monthly installments due on the last day for filing the groundwater production statement required by Section 60326.1. The assessment amount shall be computed by multiplying the facility’s stated groundwater production, measured in acre-feet, by the replenishment assessment rate imposed by the district board for the fiscal year in which the production occurs.
(Added by Stats. 1993, Ch. 52, Sec. 2. Effective January 1, 1994.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)