Amended in Senate July 2, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2453


Introduced by Assembly Member Achadjian

February 21, 2014


An act to add Part 8.2 (commencing with Section 37900) to Division 13 of the Water Code, relating to water.

LEGISLATIVE COUNSEL’S DIGEST

AB 2453, as amended, Achadjian. Paso Robles Basin Water District.

Existing law, the California Water District Law, provides for the formation of California water districts and grants these districts authority relating to, among other things, the production, storage, transmission, and distribution of water. That district law generally requires the members of the board of a California water district, and the voters of that district, to be landowners, but provides for the modification of these requirements by the board of that district.

This bill wouldbegin insert provide for the formation of the Paso Robles Basin Water District, and wouldend insert set forth the composition of, and method of election by landowners and registered voters for, the board of directors for the Paso Robles Basin Water District, the boundaries of whichbegin delete shallend deletebegin insert wouldend insert be established and may be modified by the San Luis Obispo County Local Agency Formation Commission.begin insert The bill would require the district to be formed in accordance with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, except as specified. The bill would prescribe various powers of the district relating to the use and extraction of groundwater that the district, by ordinance, would be authorized to exercise, including, among others, collecting data, conducting investigations, and requiring conservation practices and measures under specified circumstances.end insert

begin insert

The bill would authorize the district to develop, adopt, and implement a groundwater management plan to control extractions from the Paso Robles Groundwater Basin aquifers, as specified. The bill would also authorize the district to impose groundwater extraction charges, to establish extraction allocations, and to impose extraction surcharges to, among other things, discourage the use of groundwater beyond the extraction allocation. The bill would provide that the moneys collected by the district shall be available for expenditure by the district to carry out its groundwater management functions.

end insert
begin insert

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Luis Obispo.

end insert
begin insert

Because an intentional violation of the act’s provisions would be a crime, and because the bill would expand the crime of perjury, the bill would impose a state-mandated local program.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Part 8.2 (commencing with Section 37900) is
2added to Division 13 of the Water Code, to read:

3 

4PART 8.2.  Paso Robles Basin Water District

5

5 

6Chapter  1. General Provisions
7

 

8

37900.  

(a) For purposes of this part,begin delete “district” means the Pasoend delete
9begin insert the following definitions apply:end insert

begin insert

10(1) “Aquifer” means a geologic formation or structure that
11transmits water in sufficient quantities to supply pumping wells
12or springs.

end insert
begin insert

P3    1(2) “Available supply” means that quantity of groundwater that
2can be withdrawn in any given year from a groundwater basin or
3aquifer without resulting in or aggravating conditions of overdraft,
4subsidence, or groundwater quality degradation. Available supply
5of a groundwater basin or aquifer includes the natural water
6supply, imported water, or other water that has been spread to a
7basin or aquifer or otherwise added to a basin or aquifer, and
8return flows to the basin or aquifer attributable to these sources
9reaching the groundwater basin or aquifers in the course of use.

end insert
begin insert

10(3) “Board” means the board of directors of the Paso Robles
11Basin Water District.

end insert
begin insert

12(4) “Conjunctive use” means the coordinated operation of a
13groundwater basin and groundwater and surface water supplies.
14Conjunctive use includes increased groundwater use or decreased
15groundwater replenishment with surface supplies in years when
16surface supplies are less than normal and, in years of more
17abundant surface supplies, the increased use of surface water in
18lieu of groundwater, either to allow groundwater levels to recover
19or to replenish artificial groundwater supplies. Conjunctive use
20also includes long-term storage of water in a groundwater basin.

end insert
begin insert

21(5)  “County” means the County of San Luis Obispo.

end insert

22begin insert(6)end insertbegin insertend insertbegin insert“District” means theend insertbegin insert end insertbegin insertPasoend insert Robles Basin Water District, the
23boundaries of which shall be established and may be modified by
24the San Luis Obispo County Local Agency Formation Commission.

begin insert

25(7) “Excess extractions” means those extractions in excess of
26an operator’s extraction allocation or adjusted extraction
27allocation.

end insert
begin insert

28(8) “Extraction” means the act of obtaining groundwater by
29pumping or other controlled means.

end insert
begin insert

30(9) “Extraction allocation” means the amount of groundwater
31that may be extracted from an extraction facility during a calendar
32year before a surcharge is imposed.

end insert
begin insert

33(10) “Extraction surcharge” means a surcharge assessed
34annually each time an operator exceeds his or her extraction
35allocation.

end insert
begin insert

36(11) “Extraction facility” means any device or method for the
37extraction of groundwater within a groundwater basin or aquifer.

end insert
begin insert

38(12) “Groundwater” means water beneath the surface of the
39earth within the zone below the water table in which the soil is
40completely saturated with water.

end insert
begin insert

P4    1(13) “Groundwater basin” means a geologically and
2hydrologically defined area containing one or more aquifers that
3store and transmit water yielding significant quantities of water
4to wells.

end insert
begin insert

5(14) “Groundwater management activities” means programs,
6measures, or actions taken to preserve, protect, and enhance
7groundwater resources within the territory of the district.

end insert
begin insert

8(15) “Groundwater rights adjudication” means the
9determination of substantially all rights in a groundwater basin
10or the area subject to the adjudication.

end insert
begin insert

11(16) “Operator” means a person who operates a groundwater
12extraction facility. In the event the district is unable to determine
13who operates a particular extraction facility, then “operator”
14shall mean the person to whom the extraction facility is assessed
15by the county assessor or, if not separately assessed, the person
16who owns the land upon which the extraction facility is located.

end insert
begin insert

17(17) “Overdraft” means the condition of the groundwater basin
18or aquifer where the average annual amount of water extracted
19exceeds the average annual supply of water to a basin or aquifer.

end insert
begin insert

20(18) “Program” means a groundwater management program
21prepared by the district pursuant to this act.

end insert
begin insert

22(19) “Recharge” means the natural or artificial replenishment
23of groundwater storage by percolation or injection of one or more
24sources of water at the surface.

end insert
begin insert

25(20) “Replenishment” means spreading water over a permeable
26area for the purpose of allowing it to percolate to groundwater
27basins or aquifers, or otherwise adding water to groundwater
28basins or aquifers.

end insert
begin insert

29(21) “Safe yield” means the condition of a groundwater basin
30when the total average annual groundwater extractions are equal
31to, or less than, the total average annual groundwater recharge,
32either naturally or artificially.

end insert
begin insert

33(22) “Supplemental water” means surface water or groundwater
34imported from outside the watershed or watersheds of the
35groundwater basin or aquifer and flood waters that are conserved
36and saved within the watershed or watersheds that would otherwise
37have been lost or would not have reached the groundwater basin
38or aquifers.

end insert
begin insert

P5    1(23) “Well interference” means a substantial water level decline
2in a short time period in a localized area caused by pumping from
3extraction facilities.

end insert

4(b) This part shall apply only to the Paso Robles Basin Water
5District.

6

begin delete37902.end delete
7begin insert37901.end insert  

The Legislature finds and declares that the provisions
8of this part are enacted in order to provide a governmental
9framework for the district to balance the supply to and consumption
10of groundwater within the basin underlying the district, and thereby
11pursue stabilizing that basin and sustaining its resources for the
12beneficial use of all who use water within the district.

13

begin delete37904.end delete
14begin insert37902.end insert  

The creation of the district is not intended to and shall
15not modify the powers of the County of San Luis Obispo and the
16San Luis Obispo County Flood Control and Water Conservation
17District, carried out consistent with applicable law, to manage and
18protect groundwater resources within the County of San Luis
19Obispo, including the Paso Robles Groundwater Basin.

begin insert
20

begin insert37903.end insert  

If formed, the district shall not involve itself in activities
21normally and historically undertaken by the county, the San Luis
22Obispo County Flood Control and Water Conservation District,
23or other local agency, without the agreement of the agency.

end insert
begin insert
24

begin insert37904.end insert  

If formed, the board shall provide by resolution the
25dates on which and the time and place at which regular meetings
26of the board shall be held. A copy of each resolution establishing
27the date, time, and place of a regular meeting shall be filed with
28the secretary of the board and the clerk, or secretary of the
29legislative body of each of the members. The board shall comply
30with the provisions of the Ralph M. Brown Act (Chapter 9
31(commencing with Section 54950) of Part 1 of Division 2 of Title
325).

end insert

33 

begin insert
34Chapter  begin insert1.5.end insert begin insertFormationend insert
end insert
35

 

begin insert
36

begin insert37905.end insert  

The formation process shall comply with the
37Cortese-Knox-Hertzberg Local Government Reorganization Act
38of 2000, with the exception of the following provisions:

39(a) A majority of landowners may petition for the formation of
40a district, consistent with the following definitions:

P6    1(1) “Landowner” means any person who holds title to land
2within the boundaries of the proposed district as shown on the last
3assessment roll prepared by the county assessor, or a legal
4representative of a landowner who holds title to land within the
5boundaries of the proposed district as shown on the last assessment
6roll prepared by the county assessor.

7(2) “Landowner” does not include individuals, partnerships,
8corporations, or public agencies holding easements or less than
9fee interests, including leaseholds of any nature.

10(3) “Legal representative” means either of the following:

11(A) A duly appointed and acting guardian, executor, or
12administrator of the estate of a holder of title to land.

13(B) One of the following:

14(i) If the holder of title is a trust, any trustee of the trust may
15vote on behalf of the trust.

16(ii) If the holder of title is a corporation, the president, vice
17president, secretary, or other duly designated officer may vote on
18behalf of the corporation.

19(iii) If the holder of title is a limited liability company, any
20managing member may vote on behalf of the limited liability
21company.

22(iv) An officer or partner with managerial responsibilities of a
23legal entity not listed in clauses (i) to (iii), inclusive, may vote on
24behalf of the entity.

25(b) Following a successful petition, an election among
26landowners shall be conducted on the matter of whether to form
27the district.

28(c) For purposes of a petition to form the district and a vote on
29the matter to form the district, the following applies:

30(1) Each voter, who shall be a landowner as defined in Section
3137905 may cast one vote on the matter of a petition and one vote
32on the matter of an election to form the district. Ownership of
33multiple parcels of land, in full or in part, shall not entitle any
34voter to more than one vote.

35(2) For land held jointly, owners collectively get one vote.
36Nothing in this section should be construed to indicate that multiple
37owners of a property get more than one vote.

38(3) In the event any landowner that is a member of the same
39commonly controlled group, as defined in Section 25105 of the
40Revenue and Taxation Code, or is a member of a combined
P7    1reporting group, as defined in paragraph (3) of subdivision (b) of
2Section 25106.5 of Title 18 of the California Code of Regulations,
3or under common ownership with, another landowner in the
4district, all members of the commonly controlled group or
5combined reporting group will be deemed a single landowner for
6 the purpose of this subdivision.

7(4) Each public agency that holds title to land within the district
8shall be entitled to one vote.

9(5) No person shall vote by proxy unless his or her authority to
10cast that vote is evidenced by an instrument acknowledged and
11filed with the board of election.

12(6) If from the election returns a majority of the votes cast at
13the election were in favor of the formation of the district, the
14formation of the district shall be complete.

15(d) Recognizing that an election is needed to form the Paso
16Robles Basin Water District, the protest provisions of the
17Cortese-Knox-Hertzberg Reorganization Act of 2000 as they
18pertain to the formation of a district, do not apply.

end insert

19 

20Chapter  2. Elections
21

 

22

37910.  

Notwithstanding any other law or the bylaws of the
23district, all elections for the board of directors of the district shall
24be conducted in accordance with this part.

25

begin delete37912.end delete
26begin insert 37911.end insert  

The composition of the board of directors shall be as
27follows:

28(a) There shall be a total of ninebegin delete directors, each of whom shall
29be qualified for office by being a person who holds title to land
30within the district or a person authorized to vote in elections by
31landowners as provided in Section 37916.end delete
begin insert directors.end insert A person may
32only be a candidate for one director.

33(b) Six of the directors shall bebegin insert qualified for office by being
34persons who hold title to land within the district or persons
35authorized to vote in elections by landowners, as provided in
36Section 37913. Each director shall beend insert
elected by landowners within
37the district as provided by Article 1 (commencing with Section
3835003) of Chapter 1 of Part 4, except that each voter shall be
39entitled to cast one vote for each acre owned by the voter within
40the district. If the voter owns less than one acre, the voter shall be
P8    1entitled to one vote and any fraction shall be rounded to the nearest
2full acre.

3(1) For the purposes of election of the six directors described
4by this subdivision, landowners within the district shall be divided
5into three classes as follows:

6(A) “Large landowners,” meaning holders of title owning a total
7of 400 acres or more.

8(B) “Medium landowners,” meaning holders of title owning a
9total of 40 acres or more but less than 400 acres.

10(C) “Small landowners,” meaning holders of title owning a total
11of less than 40 acres of land.

12(2) Of the six directors elected pursuant to this subdivision,
13large landowners shall elect two directors, medium landowners
14shall elect two directors, and small landowners shall elect two
15directors.

16(3) Candidates for the six directors elected pursuant to this
17subdivision may be within any landowner class.

18(c) Three of the directors shall be elected by registered voters
19within the district at large.

20(d) begin insert(1)end insertbegin insertend insert Allbegin delete directors, whetherend deletebegin insert directorsend insert qualified under
21subdivision (b)begin delete or (c),end delete shall reside within the district, within two
22miles of the district boundary, or within the boundaries of the City
23of Paso Robles, the Atascadero Mutual Water Company, the
24Templeton Community Services District, the San Miguel
25Community Services District, or the San Luis Obispo County
26Service Area 16.

begin insert

27(2) All directors qualified under subdivision (c) shall reside
28within the district.

end insert
29

begin delete37914.end delete
30begin insert37912.end insert  

District elections shall be conducted in conformance
31with the Uniform District Election Law (Part 4 (commencing with
32Section 10500) of Division 10 of the Elections Code) and the laws
33generally applicable to districts created and operated pursuant to
34this division, provided the following shall apply:

35(a) Separate ballots shall be prepared and separate elections
36shall be conducted for those director positions which will be elected
37by resident voters and for those which will be elected by landowner
38voters. Notwithstanding Section 10555 of the Elections Code,
39these landowner voter elections and resident voter elections shall
40be conducted simultaneously.

P9    1(b) District elections may be conducted by all-mailed ballots
2pursuant to Section 4108 of the Elections Code. Separate voter
3lists of resident voters and landowner voters eligible to vote within
4the district shall be prepared and maintained according to
5applicable provisions of law, including Section 10525 of the
6Elections Code. Separate all-mailed ballot elections shall be held
7for the directors to be elected by resident voters and for those to
8be elected by landowner voters.

9(c) The directors elected upon formation of the district shall
10hold office pursuant to Section 10505 of the Elections Code. For
11the purposes of implementing this section, the director positions
12elected by large landowners shall be divided into two director term
13classes, the directors elected by medium landowners shall be
14divided into two director term classes, the directors elected by
15small landowners shall be divided into two director term classes,
16and the directors elected by registered voters shall be divided into
17two director term classes.

18(d) Elections of directors shall be held on the first Tuesday after
19the first Monday in October of each odd-numbered year.

20(e) The voters list used forbegin insert theend insert purpose of an election of directors
21shall be based upon the last assessment roll prepared by the county
22assessor, which shall be conclusive evidence of ownership andbegin insert theend insert
23 acreage forbegin delete purpose of carrying out the election.end deletebegin insert purposes of
24electing directors in accordance with subdivision (b) of Section
2537911.end insert
The voters list shall be amended if satisfactory evidence
26of a change in ownership is presented at least 45 days prior to the
27election to the elections official in the case of the formation
28election, and thereafter to the district secretary. The county assessor
29shall bebegin delete compensatedend deletebegin insert reimbursed by the districtend insert for all costs
30incurred in determining the ownership and acreage information
31and providing the information to the county clerk.

begin insert

32(f) For purposes of the Uniform District Election Law (Part 4
33(commencing with Section 10500) of Division 10 of the Elections
34Code), the district is a landowner voting district.

end insert
35

begin delete37916.end delete
36begin insert37913.end insert  

Notwithstanding any other provision of this division
37or the Uniform District Election Law (Part 4 (commencing with
38Section 10500) of Division 10 of the Elections Code), election
39participation by landowners as provided in subdivision (b) of
40Section 37912 shall be carried out as follows:

P10   1(a) If the holder of title is a trust, any trustee of the trust may
2vote on behalf of the trust.

3(b) If the holder of title is a corporation, the president, vice
4president, secretary, or other duly designated officer may vote on
5behalf of the corporation.

6(c) If the holder of title is a limited liability company, any
7managing member may vote on behalf of the limited liability
8company.

9(d) An officer or partner with managerial responsibilities of a
10legal entity not listed in subdivisions (a) to (c), inclusive, may vote
11on behalf of the entity.

12 

13Chapter  3. Groundwater Managementbegin insert Authorityend insert
14

 

begin delete
15

37920.  

The district shall have the authority afforded to local
16agencies as provided in Part 2.75 (commencing with Section
1710750) of Division 6, as that part may be amended, consistent with
18the requirements and limitations of applicable law.

end delete
begin insert
19

begin insert37920.end insert  

All powers in this part are subject to review and
20approval by the San Luis Obispo County Local Agency Formation
21Commission, upon formation, change of organization, or
22reorganization under the Cortese-Knox-Hertzberg Local
23Government Reorganization Act of 2000 (Division 3 (commencing
24with Section 56000) of Title 5 of the Government Code).

end insert
begin insert
25

begin insert37921.end insert  

The board may adopt ordinances for the purpose of
26regulating, conserving, managing, and controlling the use and
27extraction of groundwater within the territory of the district. All
28ordinances shall be adopted, after noticed public hearings by a
29majority vote of the board. Notice of the adoption of all ordinances
30shall be given. The ordinances of the district shall become effective
31on the 31st day after adoption except that the board may, by the
32vote of at least four members of the board, dispense with notice
33of public hearing and adopt an emergency ordinance that shall
34become effective immediately upon adoption, if the board
35determines that the public health, safety, or welfare so requires.

end insert
begin insert
36

begin insert37922.end insert  

Any person who intentionally violates any provision of
37this act or any district ordinance shall be guilty of an infraction
38and may be required to pay a fine to the district not to exceed five
39hundred dollars ($500).

end insert
begin insert
P11   1

begin insert37923.end insert  

Any person who negligently or intentionally violates
2any provision of this act or any district ordinance may also be
3liable civilly to the district for a sum not to exceed one thousand
4dollars ($1,000) per day for each day of violation, in addition to
5any other penalties that may be prescribed by law.

end insert
begin insert
6

begin insert37924.end insert  

Upon the failure of any person to comply with any
7provision of this act or any district ordinance, the district may
8petition the superior court for a temporary restraining order,
9preliminary or permanent injunction, or other equitable relief as
10may be appropriate. The right to petition for injunctive relief is
11an additional right to those that may be provided elsewhere in this
12act or otherwise allowed by law.

end insert
begin insert
13

begin insert37925.end insert  

The district may petition the superior court of the county
14to recover any sums due the district. In order to preserve and
15manage the groundwater resources within its territory, the district
16may also commence, maintain, intervene in, defend, compromise,
17and assume the costs and expenses of legal actions and
18administrative proceedings now or hereafter begun involving
19groundwater, including, but not limited to, groundwater rights
20adjudication.

end insert
begin insert
21

begin insert37926.end insert  

The district may contract with the county, the San Luis
22Obispo County Flood Control and Water Conservation District
23or other local district for staff and other services and may hire
24other contractors and consultants as it considers appropriate.

end insert
begin insert
25

begin insert37927.end insert  

The district may exclude from any of the requirements
26of this act, or the operation of any ordinance, any operator who
27extracts less than a minimum amount of groundwater as specified
28by ordinance adopted by the board.

end insert
begin insert
29

begin insert37928.end insert  

The district may collect data and conduct technical and
30other investigations deemed necessary in order to carry out the
31provisions of this act. All hydrological investigations and studies
32carried out by or on behalf of the district shall be conducted by
33or under the supervision of licensed engineers or other persons
34qualified in groundwater geology or hydrology.

end insert
begin insert
35

begin insert37929.end insert  

The district may prepare annually or receive reports
36on groundwater and supplemental water supplies and conditions
37in the territory of the district, including groundwater management
38and conjunctive use objectives and a plan for implementation of
39those objectives.

end insert
begin insert
P12   1

begin insert37930.end insert  

The district may recommend and encourage waste
2water reuse and other water development projects, if those projects
3will enhance and contribute to the responsible management of
4groundwater resources, as part of its annual plan for
5implementation of groundwater management objectives.

end insert
begin insert
6

begin insert37931.end insert  

In addition to the powers identified here, the district
7shall have the authority afforded to local agencies as provided in
8Part 2.75 (commencing with Section 10750) of Division 6 as that
9part may be amended, consistent with the requirements and
10limitations of applicable law.

end insert

11 

begin insert
12Chapter  begin insert4.end insert begin insertGroundwater Management Plansend insert
end insert
13

 

begin insert
14

begin insert37940.end insert  

In order to balance the water supply and demand within
15the Paso Robles Groundwater basin, the district may do the
16following:

17(a) Develop, adopt, and implement a groundwater management
18plan to control extractions from the Paso Robles Groundwater
19Basin aquifers with the objective of balancing water supply and
20demand in the region.

21(b) The groundwater management plan may also include and
22address the following:

23(1) Existing groundwater storage.

24(2) Long-term recoverable storage, including an estimate of
25nonrecoverable storage.

26(3) The expected adverse effects of projected extractions.

end insert
begin insert
27

begin insert37941.end insert  

The groundwater management plan may establish
28distinct zones or regions based on the geology of the basin, land
29use, water use, the location of extraction facilities, or other
30concerns as determined by the board.

end insert
begin insert
31

begin insert37942.end insert  

The groundwater management plan may include a
32policy for the issuance of new well permits that takes into
33consideration the location of proposed wells and area of use,
34projected extractions from the wells, and the effect of the
35extractions on existing users and on storage. In developing the
36management plan, the district may consider a ban on new irrigated
37acreage or new municipal water system wells. The district may
38include a contingency plan to deal with seawater intrusion, basin
39contamination, or other risks that could impair the ability to rely
40on the basin for groundwater.

end insert

 

begin insert
P13   1Chapter  begin insert5.end insert begin insertGroundwater managementend insert
end insert
2

 

begin insert
3

begin insert37950.end insert  

If the board determines after a noticed public hearing,
4and consideration of any relevant investigations, studies, and
5evidence, that groundwater management activities are necessary
6in order to improve or protect the quantity or quality of
7groundwater supplies within a groundwater basin or aquifer, the
8board may, by ordinance, exercise any of the following powers:

9(a) Require conservation practices and measures within the
10affected portion of its territory.

11(b) Control groundwater extractions by regulating, limiting, or
12suspending extractions from extraction facilities, the construction
13of new extraction facilities, the enlarging of existing extraction
14facilities, and the reactivation of abandoned extraction facilities.

15(c) Commence and prosecute legal actions to enjoin
16unreasonable uses or methods of use of water within the district
17or outside the territory of the district to the extent those uses or
18methods of use adversely affect the groundwater supply within the
19district.

20(d) Impose spacing requirements on new extraction facility
21construction to minimize well interference.

22(e) Impose reasonable operating regulations on extraction
23facilities to minimize well interference, including requiring
24pumpers to operate on a rotation basis.

25(f) Require extraction facilities to be registered with the district
26within 30 days of notice being given to the operator of the
27extraction facility.

28(g) Require that the operator of a registered extraction facility
29provide the district annually with the following information
30regarding the extraction facility:

31(1) The name and address of the operator of the extraction
32facility.

33(2) The name and address of the owner of the land upon which
34the extraction facility is located.

35(3) A description of the equipment associated with the extraction
36facility.

37(4) The location of the water extraction facility.

38(h) Require extraction facilities to be equipped with waterflow
39measuring devices installed and calibrated by the district or, at
40the district’s option, by the extraction facility operator.

end insert
begin insert
P14   1

begin insert37951.end insert  

When an extraction facility is equipped with a waterflow
2measuring device, the record of extraction, as disclosed by the
3waterflow measuring device, may, at the election of the board, be
4presumed to be accurate, and shall be used as the basis for
5computing the water extraction of the extraction facility in
6completing the groundwater extraction statement.

end insert
begin insert
7

begin insert37952.end insert  

The district may, by ordinance, require proof of the
8accuracy of the waterflow measuring device from the operator
9and may, absent adequate proof of accuracy, order the operator,
10at the operator’s sole cost, to have the waterflow measuring device
11calibrated in a manner acceptable to the district. If the district has
12probable cause to believe that the extraction of groundwater from
13any extraction facility is in excess of the amount reported in
14groundwater extraction statements, or if no statements are filed
15covering an extraction facility, the district may investigate the
16extraction of water from each extraction facility.

end insert
begin insert
17

begin insert37953.end insert  

The board may, by ordinance, establish reasonable
18methods to be used in computing the amount of water extracted
19by extraction facilities.

end insert
begin insert
20

begin insert37954.end insert  

The district may, by ordinance, require the operator
21of each extraction facility to file semiannually, or more frequently,
22with the district, a groundwater extraction statement that contains,
23but is not limited to, the following information:

24(1) Total extraction in acre-feet of water from the extraction
25facility for the preceding groundwater extraction statement period.

26(2) The static groundwater level for the extraction facility.

27(3) A description of the location of the extraction facility.

28(4) The crop types or other uses and the acreage served by the
29extraction facility.

30(5) The method of measuring or computing groundwater
31extraction.

32(6) Other information deemed reasonable and necessary by the
33board to meet the purposes of this act.

end insert
begin insert
34

begin insert37955.end insert  

If required by ordinance, each groundwater extraction
35statement shall be verified by a written declaration under penalty
36of perjury that the information contained in the statement is true
37and correct. The operator of an extraction facility that has been
38permanently abandoned after January 1, 2015, shall give written
39notice of the abandonment to the district.

end insert

 

begin insert
P13   1Chapter  begin insert6.end insert begin insertGroundwater Extraction Chargesend insert
end insert
2

 

begin insert
3

begin insert37960.end insert  

The district may, by ordinance, levy groundwater
4extraction charges, including volumetric charges intended to
5provide an incentive for reduced water use, on the extraction of
6groundwater from all water extraction facilities within the territory
7of the district for the purposes of paying the costs of initiating,
8carrying on, and completing any of the powers, purposes, and
9groundwater management activities described in this act. Any
10groundwater extraction charges shall be uniform for groundwater
11extraction within the territory of the district.

end insert
begin insert
12

begin insert37961.end insert  

The Legislature hereby finds and determines that the
13groundwater management activities of the district are of equal
14benefit to all operators of groundwater extraction facilities within
15the territory of the district.

end insert
begin insert
16

begin insert37962.end insert  

If any operator of any extraction facility fails to pay a
17groundwater extraction charge when due, the district may charge
18and collect interest at the rate of 112 percent each month on the
19delinquent amount of the groundwater extraction charge. In
20addition, the district may exercise any of the provisions of Sections
2175630 to 75633, inclusive, for the purpose of collecting delinquent
22groundwater extraction charges.

end insert
begin insert
23

begin insert37963.end insert  

All moneys collected by the district pursuant to this act
24shall be available for expenditure by the district to carry out its
25groundwater management functions pursuant to this act.

end insert
begin insert
26

begin insert37964.end insert  

Groundwater extraction charges shall not exceed six
27dollars ($6) per acre-foot pumped per year.

end insert
begin insert
28

begin insert37965.end insert  

The district may, by ordinance, establish an operator’s
29extraction allocation for each groundwater extraction facility
30located within the district. The district may, by ordinance, impose
31upon the operator of any groundwater extraction facility located
32within the district, extraction surcharges, including volumetric
33surcharges intended to provide an incentive for reduced water
34use, for extractions in excess of his or her extraction allocation
35and late penalties for nonpayment of extraction surcharges.

end insert
begin insert
36

begin insert37966.end insert  

The Legislature hereby finds and declares the following:

37(a) Extraction allocations and extraction surcharges authorized
38pursuant to this chapter are necessary to eliminate overdraft
39caused by excess extractions from the aquifer systems within the
40district and to bring the groundwater basins underlying the
P16   1territory to safe yield by the year 2017 and to sustain that safe
2yield thereafter.

3(b) The extraction surcharges are intended to discourage the
4use of groundwater beyond the extraction allocation. They are not
5intended to generate tax revenues or proceeds from regulatory
6licenses, user charges, or user fees. Consequently, they are not
7special taxes for purposes of Section 4 of Article XIII A of the
8California Constitution or proceeds of taxes for purposes of Section
98 of Article XIII B of the California Constitution.

end insert
begin insert
10

begin insert37967.end insert  

The maximum amount of the extraction surcharge shall
11be two hundred dollars ($200) per acre-foot of groundwater
12extracted in excess of the extraction allocation, except that the
13district may increase the maximum amount of the extraction
14surcharge to an amount that is necessary to achieve safe yield.

end insert
begin insert
15

begin insert37968.end insert  

If an operator of a groundwater extraction facility fails
16to pay the extraction surcharge when due, the district shall charge
17and collect a late penalty at the rate of 112 percent each month,
18or portion thereof, on the delinquent amount of the extraction
19surcharge.

end insert
begin insert
20

begin insert37969.end insert  

The district may bring a cause of action, in any court
21having jurisdiction, against an operator of a groundwater
22extraction facility for the collection of any delinquent extraction
23surcharge, and Article 5 (commencing with Section 75630) of
24Chapter 3 of Part 9 of Division 21 applies to those actions.

end insert
begin insert
25

begin insert37970.end insert  

In addition to any other authority, the district may order
26that an extraction surcharge or late penalty be a personal
27obligation of the operator or an assessment against the property,
28on which the extraction facility is located. The assessment
29constitutes a lien upon the property, and the lien attaches upon
30recordation in the office of the county recorder. The assessment
31may be collected at the same time and in the same manner as
32ordinary ad valorem taxes are collected, and shall be subject to
33the same penalties and the same procedure and sale in case of
34delinquency as provided for those taxes. All laws applicable to the
35levy, collection, and enforcement of ad valorem taxes shall be
36applicable to an assessment, except that, if any real property to
37which the lien would attach has been transferred or conveyed to
38a bona fide purchaser for value, or if a lien of a bona fide
39encumbrancer for value has been created and attaches thereon
40prior to the date on which the first installment of the taxes would
P17   1become delinquent, the lien that would otherwise be imposed by
2this section shall not attach to the real property and an assessment
3relating to the property shall be transferred to the unsecured roll
4for collection.

end insert
5begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

The Legislature finds and declares that a special law
6is necessary and that a general law cannot be made applicable
7within the meaning of Section 16 of Article IV of the California
8Constitution because of the unique circumstances in the service
9area of the Paso Robles Basin Water District.

end insert
10begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs that may be incurred by a local agency or school
13district will be incurred because this act creates a new crime or
14infraction, eliminates a crime or infraction, or changes the penalty
15for a crime or infraction, within the meaning of Section 17556 of
16the Government Code, or changes the definition of a crime within
17the meaning of Section 6 of Article XIII B of the California
18Constitution.

end insert


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