Amended in Senate April 23, 2013

Amended in Senate April 9, 2013

Amended in Senate April 1, 2013

Senate BillNo. 620


Introduced by Senator Wright

February 22, 2013


An act to amend Sections 60290,begin delete 60335,end delete 60336, and 60339 of the Water Code, relating to water.

LEGISLATIVE COUNSEL’S DIGEST

SB 620, as amended, Wright. Water replenishment districts.

(1) Existing law, the Water Replenishment District Act, provides for the formation of water replenishment districts and grants authority to a water replenishment district relating to the replenishment, protection, and preservation of groundwater supplies within that district. The act generally authorizes a water replenishment district to establish an annual reserve fund in an amount not to exceed $10,000,000 commencing with the 2000-01 fiscal year, and thereafter, as that amount is adjusted annually. The act requires a minimum of 80% of the reserve fund to be expended for water purchases.

This billbegin insert, until the 2019-20 fiscal year,end insert would eliminate the requirement that a minimum of 80% of the reserve fund be expended for water purchases.

begin delete

(2) The act requires the board of directors of a water replenishment district to declare whether funds are to be raised to purchase water for replenishment, as specified, and whether the funds are to be raised either by a water charge, a general assessment, a replenishment assessment, or a combination, as prescribed. The act requires the board to make certain determinations in connection with a decision to impose a water replenishment assessment and requires the water replenishment assessment to be fixed at a uniform rate per acre-foot of groundwater produced within the district. The act provides that if a producer knowingly fails to pay a replenishment assessment within 30 days of when due, the producer is liable to the district for interest at the rate of 1% per month on the delinquent amount of the assessment.

end delete
begin delete

This bill, instead, would provide that the producer is liable to the district for a penalty of 5% of the unpaid assessment as of the due date in addition to interest at the rate of 1% per month, or part of a month the assessment remains unpaid.

end delete
begin delete

(3)

end delete

begin insert(2)end insert The act provides that any operator of a water-producing facility that knowingly fails to register his or her water-producing facility or knowingly fails to file a groundwater production statement, or any other reports or statements required, as specified, in addition to interest due, as prescribed, is liable to the district for a penalty of $150.

This bill would provide that the operator is liable to the district for a penalty of $1,000.begin insert The bill would delay the application of the increase in the amount of that penalty to an operator of a water-producing facility that is a party to litigation involving a water replenishment district until after the litigation is settled or all legal remedies are exhausted.end insert

begin delete

(4)

end delete

begin insert(3)end insert The act authorizes the superior court of the county in which the major portion of the district lies to issue a temporary restraining order upon the filing by the district with the court of a verified petition or complaint setting forth that the defendant is the operator of a water-producing facility that has not been registered with the district or that the defendant is delinquent in the payment of a replenishment assessment, as specified.

This bill would require the court to direct that the party prevailing on any motion, as prescribed, be awarded the reasonable attorney’s fees and costs of making or opposing the motion unless the court finds that the party acted with substantial justification or that other circumstances make the imposition of attorney’s fees and costs unjust.begin insert The bill would also delay the application of those provisions to an operator of a water-producing facility that is a party to litigation involving a water replenishment district, as specified above.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P3    1

SECTION 1.  

Section 60290 of the Water Code is amended to
2read:

3

60290.  

The district may establish an annual reserve fund in an
4amount not to exceed ten million dollars ($10,000,000)
5commencing with the 2000-01 fiscal year. The maximum
6allowable reserve fund may be adjusted annually commencing
7with the 2001-02 fiscal year to reflect percentage increases or
8decreases in the blended cost of water from district supply sources.
9begin insert Beginning in the 2019-20 fiscal year, a minimum of 80 percent of
10the reserve shall be for water purchases.end insert

begin delete11

SEC. 2.  

Section 60335 of the Water Code is amended to read:

12

60335.  

If any producer shall knowingly fail to pay a
13replenishment assessment within 30 days of when due, the producer
14shall become liable to the district for a penalty of 5 percent of the
15unpaid assessment as of the due date in addition to interest at the
16rate of 1 percent per month, or part of a month that the assessment
17remains unpaid, on the delinquent amount of the assessment.

end delete
18

begin deleteSEC. 3.end delete
19begin insertSEC. 2.end insert  

Section 60336 of the Water Code is amended to read:

20

60336.  

begin insert(a)end insertbegin insertend insert Should any operator of a water-producing facility
21knowingly fail to register his or her water-producing facility or
22knowingly fail to file the groundwater production statement, or
23knowingly fail to file and furnish any other reports or statements
24required by resolution of the board adopted pursuant to Section
2560326, the operator shall, in addition to interest as provided in
26Section 60335, become liable to the district for a penalty of one
27thousand dollars ($1,000).

begin insert

28(b) The changes made to this section by the act adding this
29subdivision shall not apply to any operator of a water-producing
30facility that is a party to litigation involving a water replenishment
31district at the time the act adding this subdivision takes effect until
32after the litigation is settled or all legal remedies have been
33exhausted.

end insert
34

begin deleteSEC. 4.end delete
35begin insertSEC. 3.end insert  

Section 60339 of the Water Code is amended to read:

36

60339.  

(a) The superior court of the county in which the major
37portion of the district lies may issue a temporary restraining order
38upon the filing by the district with the court of a verified petition
P4    1or complaint setting forth that the person named therein as
2defendant is the operator of a water-producing facility which has
3not been registered with the district or that the defendant is
4delinquent in the payment of a replenishment assessment. The
5temporary restraining order shall be returnable to the court on or
6before 10 days after its issuance.

7(b) The court may issue and grant an injunction restraining and
8prohibiting the named defendant from the operation of any
9water-producing facility when it is established by the
10preponderance of the evidence at a hearing that the defendant has
11failed to register the water-producing facility with the district or
12that the defendant is delinquent in the payment of a replenishment
13assessment. The court may provide that the injunction so made
14and issued shall be stayed for a period not to exceed 10 days to
15permit the defendant to register the water-producing facility or to
16pay the delinquent replenishment assessment.

17(c) Service of process shall be made by posting a copy of the
18summons and complaint upon the water-producing facility or the
19parcel of land upon which the water-producing facility is located
20and by personal service of summons and complaint upon the named
21defendant.

22(d) The right to proceed for injunctive relief as provided in this
23section shall be in addition to any other right which may be
24provided elsewhere in this act or which may be otherwise allowed
25by law. The procedure provided in Chapter 3 (commencing with
26Section 525) of Title 7 of Part 2 of the Code of Civil Procedure
27regarding injunctions shall be followed except insofar as it may
28be otherwise provided in this section.

29(e) The court shall direct that the party prevailing on any motion
30under this section be awarded the reasonable attorney’s fees and
31costs of making or opposing the motion unless the court finds that
32the other party acted with substantial justification or that other
33circumstances make the imposition of attorney’s fees and costs
34unjust.

begin insert

35(f) The changes made to this section by the act adding this
36subdivision shall not apply to any operator of a water-producing
37facility that is a party to litigation involving a water replenishment
38district at the time the act adding this subdivision takes effect until
39after the litigation is settled or all legal remedies have been
40exhausted.

end insert


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