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 bill, until the 2019-20 fiscal year, would eliminate the requirement that a minimum of 80% of the reserve fund be expended for water purchases.begin insert The bill would declare the intent of the Legislature to provide the Water Replenishment District of Southern California with the ability to determine the appropriate use of moneys held in its annual reserve fund, and that public records shall help the Legislature determine whether the flexibility provided by this act should be permanently extended beyond the 2019−20 fiscal year.end insert
(2) 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. 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 tobegin insert certainend insert litigationbegin delete involving a water replenishment districtend deletebegin insert casesend insert until after the litigation is settled or all legal remedies are exhausted.
(3) 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. The bill would also delay the application of those provisions to an operator of a water-producing facility that is a party tobegin insert the above-describedend insert litigationbegin delete involving a water replenishment district,end deletebegin insert cases,end insert as specified above.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 60290 of the Water Code is amended to
2read:
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
P3 1decreases in the blended cost of water from district supply sources.
2Beginning in the 2019-20 fiscal year, a minimum of 80 percent
3of the reserve shall be for water purchases.
Section 60336 of the Water Code is amended to read:
(a) Should any operator of a water-producing facility
6knowingly fail to register his or her water-producing facility or
7knowingly fail to file the groundwater production statement, or
8knowingly fail to file and furnish any other reports or statements
9required by resolution of the board adopted pursuant to Section
1060326, the operator shall, in addition to interest as provided in
11Section 60335, become liable to the district for a penalty of one
12thousand dollars ($1,000).
13(b) The changes made to this section by the act adding this
14subdivision shall not apply tobegin delete any operator of a water-producing begin insert
either of the followingend insert at the time the act adding this
15facility that is a party to litigation involving a water replenishment
16districtend delete
17subdivision takes effect until after the litigation is settled or all
18legal remedies have beenbegin delete exhausted.end deletebegin insert exhausted:end insert
19(1) An operator of a water-producing facility that is a plaintiff
20in City of Cerritos, et al. v. Water Replenishment District of
21Southern California, Los Angeles Superior Court Case No. BS
22128136.
23(2) An operator of a water-producing facility that is a plaintiff
24in Tesoro
Refining and Marketing Company v. Water
25Replenishment District of Southern California, Los Angeles
26Superior Court Case No. BS 134239.
Section 60339 of the Water Code is amended to read:
(a) The superior court of the county in which the major
29portion of the district lies may issue a temporary restraining order
30upon the filing by the district with the court of a verified petition
31or complaint setting forth that the person named therein as
32defendant is the operator of a water-producing facility which has
33not been registered with the district or that the defendant is
34delinquent in the payment of a replenishment assessment. The
35temporary restraining order shall be returnable to the court on or
36before 10 days after its issuance.
37(b) The court may issue and grant an injunction restraining and
38prohibiting the named defendant from the
operation of any
39water-producing facility when it is established by the
40preponderance of the evidence at a hearing that the defendant has
P4 1failed to register the water-producing facility with the district or
2that the defendant is delinquent in the payment of a replenishment
3assessment. The court may provide that the injunction so made
4and issued shall be stayed for a period not to exceed 10 days to
5permit the defendant to register the water-producing facility or to
6pay the delinquent replenishment assessment.
7(c) Service of process shall be made by posting a copy of the
8summons and complaint upon the water-producing facility or the
9parcel of land upon which the water-producing facility is located
10and by personal service of summons and complaint upon the named
11defendant.
12(d) The right to proceed for injunctive relief as provided in this
13section shall be in addition to any other right which may be
14provided elsewhere in this act or which may be otherwise allowed
15by law. The procedure provided in Chapter 3 (commencing with
16Section 525) of Title 7 of Part 2 of the Code of Civil Procedure
17regarding injunctions shall be followed except insofar as it may
18be otherwise provided in this section.
19(e) The court shall direct that the party prevailing on any motion
20under this section be awarded the reasonable attorney’s fees and
21costs of making or opposing the motion unless the court finds that
22the other party acted with substantial justification or that other
23circumstances make the imposition of attorney’s fees and costs
24unjust.
25(f) The changes
made to this section by the act adding this
26subdivision shall not apply tobegin delete any operator of a water-producing begin insert either of the followingend insert at the time the act adding this
27facility that is a party to litigation involving a water replenishment
28districtend delete
29subdivision takes effect until after the litigation is settled or all
30legal remedies have beenbegin delete exhausted.end deletebegin insert exhausted:end insert
31(1) An operator of a water-producing facility that is a plaintiff
32in
City of Cerritos, et al. v. Water Replenishment District of
33Southern California, Los Angeles Superior Court Case No. BS
34128136.
35(2) An operator of a water-producing facility that is a plaintiff
36in Tesoro Refining and Marketing Company v. Water
37Replenishment District of Southern California, Los Angeles
38Superior Court Case No. BS 134239.
It is the intent of the Legislature that the amendment
40of Section 60290 will provide the Water Replenishment District
P5 1of Southern California with the ability to determine the appropriate
2use of moneys held in its annual reserve fund. Public records that
3are kept by the district of expenditures from the annual reserve
4fund shall help the Legislature determine whether the flexibility
5provided by this act should be permanently extended beyond the
62019-20 fiscal year.
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