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. 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.
(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 to certain litigationbegin delete casesend deletebegin insert
involving a water replenishment districtend insert until after the litigation is settled or all legal remediesbegin delete areend deletebegin insert have beenend insert 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 to the above-described litigationbegin delete casesend delete, 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
P3 1with the 2001-02 fiscal year to reflect percentage increases or
2decreases in the blended cost of water from district supply sources.
3Beginning in the 2019-20 fiscal year, a minimum of 80 percent
4of 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
7knowingly fail to register his or her water-producing facility or
8knowingly fail to file the groundwater production statement, or
9knowingly fail to file and furnish any other reports or statements
10required by resolution of the board adopted pursuant to Section
1160326, the operator shall, in addition to interest as provided in
12Section 60335, become liable to the district for a penalty of one
13thousand dollars ($1,000).
14(b) The changes made to this section by the act adding this
15subdivision shall not apply tobegin delete either of the following at the time
16the act adding this subdivision takes effect until after the litigation
17is settled or all legal remedies have been exhausted:end delete
18(1) An operator of a water-producing facility that is a plaintiff
19in City of Cerritos, et al. v. Water Replenishment District of
20Southern California, Los Angeles Superior Court Case No. BS
21128136.
22begin delete(2)end deletebegin delete end deletebegin deleteAn operator of a water-producing facility that is a plaintiff begin insert
any operator of a
23in Tesoro Refining and Marketing Company v. Water
24Replenishment District of Southern California, Los Angeles
25Superior Court Case No. BS 134239.end delete
26water-producing facility that is a party to litigation involving a
27water replenishment district filed before July 1, 2013, until after
28the litigation is settled or all legal remedies have been exhausted.end insert
Section 60339 of the Water Code is amended to read:
(a) The superior court of the county in which the major
31portion of the district lies may issue a temporary restraining order
32upon the filing by the district with the court of a verified petition
33or complaint setting forth that the person named therein as
34defendant is the operator of a water-producing facility which has
35not been registered with the district or that the defendant is
36delinquent in the payment of a replenishment assessment. The
37temporary restraining order shall be returnable to the court on or
38before 10 days after its issuance.
39(b) The court may issue and grant an injunction restraining and
40prohibiting the named defendant from the
operation of any
P4 1water-producing facility when it is established by the
2preponderance of the evidence at a hearing that the defendant has
3failed to register the water-producing facility with the district or
4that the defendant is delinquent in the payment of a replenishment
5assessment. The court may provide that the injunction so made
6and issued shall be stayed for a period not to exceed 10 days to
7permit the defendant to register the water-producing facility or to
8pay the delinquent replenishment assessment.
9(c) Service of process shall be made by posting a copy of the
10summons and complaint upon the water-producing facility or the
11parcel of land upon which the water-producing facility is located
12and by personal service of summons and complaint upon the named
13defendant.
14(d) The right to proceed for injunctive relief as provided in this
15section shall be in addition to any other right which may be
16provided elsewhere in this act or which may be otherwise allowed
17by law. The procedure provided in Chapter 3 (commencing with
18Section 525) of Title 7 of Part 2 of the Code of Civil Procedure
19regarding injunctions shall be followed except insofar as it may
20be otherwise provided in this section.
21(e) The court shall direct that the party prevailing on any motion
22under this section be awarded the reasonable attorney’s fees and
23costs of making or opposing the motion unless the court finds that
24the other party acted with substantial justification or that other
25circumstances make the imposition of attorney’s fees and costs
26unjust.
27(f) The changes
made to this section by the act adding this
28subdivision shall not apply tobegin delete either of the following at the time
29the act adding this subdivision takes effect until after the litigation
30is settled or all legal remedies have been exhausted:end delete
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.
35begin delete(2)end deletebegin delete end deletebegin deleteAn operator of a water-producing facility that is a plaintiff begin insert
any operator of a
36in Tesoro Refining and Marketing Company v. Water
37Replenishment District of Southern California, Los Angeles
38Superior Court Case No. BS 134239.end delete
39water-producing facility that is a party to litigation involving a
P5 1water replenishment district filed before July 1, 2013, until after
2the litigation is settled or all legal remedies have been exhausted.end insert
It is the intent of the Legislature that the amendment
4of Section 60290 will provide the Water Replenishment District
5of Southern California with the ability to determine the appropriate
6use of moneys held in its annual reserve fund. Public records that
7are kept by the district of expenditures from the annual reserve
8fund shall help the Legislature determine whether the flexibility
9provided by this act should be permanently extended beyond the
102019-20 fiscal year.
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