Amended in Senate August 4, 2014

Amended in Senate July 2, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 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 would begin insert , until January 1, 2019, end insert provide for the formation of the Paso Robles Basin Water District, and would 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 which would be established and may be modified by the San Luis Obispo County Local Agency Formation Commission. 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.

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.

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

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.

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.

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

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

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

SECTION 1.  

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

 

PART 8.2.  Paso Robles Basin Water District

 

Chapter  1. General Provisions

 

37900.  

(a) For purposes of this part, the following definitions
apply:

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

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can be withdrawn in any given year from a groundwater basin or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

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

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

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

(6) “District” means the Paso Robles Basin Water District, the
boundaries of which shall be established and may be modified by
the San Luis Obispo County Local Agency Formation Commission.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(22) “Supplemental water” means surface water or groundwater
imported from outside the watershed or watersheds of the
groundwater basin or aquifer and floodwaters that are conserved
and saved within the watershed or watersheds that would otherwise
have been lost or would not have reached the groundwater basin
or aquifers.

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

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

37901.  

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

37902.  

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

37903.  

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

37904.  

If formed, the board shall provide by resolution the
dates on which and the time and place at which regular meetings
of the board shall be held. A copy of each resolution establishing
the date, time, and place of a regular meeting shall be filed with
the secretary of the board and the clerk, or secretary of the
legislative body of each of the members. The board shall comply
with the provisions of the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 of Title
5).

 

Chapter  1.5. Formation

 

37905.  

The formation process shall comply with the
Cortese-Knox-Hertzberg Local Government Reorganization Act
of begin delete 2000, end delete begin insert 2000 (Division 3 (commencing with Section 56000) of
Title 5 of the Government Code), end insert with the exception of the
following provisions:

(a)  begin delete A majority end delete begin insert On or before January 1, 2019, 10 percent end insert of
landowners may petition begin delete for end delete begin insert for, or an affected local agency within
the county, including the county and the San Luis Obispo County
Flood Control and Water Conservation District, may apply for by
resolution, end insert the formation of a district, consistent with the following
definitions:

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

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

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

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

(B) One of the following:

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

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

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

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

(b) Following a successful begin delete petition, end delete begin insert petition by the landowners
or a resolution of application by an affected local agency, end insert an
election among landowners shall be conducted on the matter of
whether to form the district.

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

(1) Each voter, who shall be a landowner as defined in begin delete Section
37905 end delete begin insert this section, end insert may cast one vote on the matter of a petition
and one vote on the matter of an election to form the district.
Ownership of multiple parcels of land, in full or in part, shall not
entitle any voter to more than one vote.

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

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

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

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

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

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

 

Chapter  2. Elections

 

37910.  

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

37911.  

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

(a) There shall be a total of nine directors. A person may only
be a candidate for one director.

(b) Six of the directors shall be qualified for office by being
persons who hold title to land within the district or persons
authorized to vote in elections by landowners, as provided in
Section 37913. Each director shall be elected by landowners within
the district as provided by Article 1 (commencing with Section
35003) of Chapter 1 of Part 4, except that each voter shall be
entitled to cast one vote for each acre owned by the voter within
the district. If the voter owns less than one acre, the voter shall be
entitled to one vote and any fraction shall be rounded to the nearest
full acre.

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

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

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

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

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

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

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

(d) (1) All directors qualified under subdivision (b) shall reside
within the district, within two miles of the district boundary, or
within the boundaries of the City of Paso Robles, the Atascadero
Mutual Water Company, the Templeton Community Services
District, the San Miguel Community Services District, or the San
Luis Obispo County Service Area 16.

(2) All directors qualified under subdivision (c) shall begin delete reside end delete begin insert be
registered voters residing end insert within the district.

37912.  

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

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

(b) District elections begin delete may end delete begin insert shall end insert be conducted by all-mailed
ballots pursuant to Section 4108 of the Elections Code. Separate
voter lists of resident voters and landowner voters eligible to vote
within the district shall be prepared and maintained according to
applicable provisions of law, including Section 10525 of the
Elections Code. Separate all-mailed ballot elections shall be held
for the directors to be elected by resident voters and for those to
be elected by landowner voters.

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

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

(e) The voters list used for the purpose of an election of directors
shall be based upon the last assessment roll prepared by the county
assessor, which shall be conclusive evidence of ownership and the
acreage for purposes of electing directors in accordance with
subdivision (b) of Section 37911. The voters list shall be amended
if satisfactory evidence of a change in ownership is presented at
least 45 days prior to the election to the elections official in the
case of the formation election, and thereafter to the district
secretary. The county assessor shall be reimbursed by the district
for all costs incurred in determining the ownership and acreage
information and providing the information to the county clerk.

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

37913.  

Notwithstanding any other provision of this division
or the Uniform District Election Law (Part 4 (commencing with
Section 10500) of Division 10 of the Elections Code), begin insert for the
purposes of end insert election participation by begin delete landowners as provided in
subdivision (b) of Section 37912 shall be carried out as follows: end delete
begin insert landowners, the following definitions apply: end insert

begin delete

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

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

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

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

end delete begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

(2) One of the following:

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

(D) An officer or partner with managerial responsibilities of a
legal entity not listed in subparagraphs (A) to (C), inclusive, may
vote on behalf of the entity.

end insert

 

Chapter  3. Groundwater Management Authority

 

37920.  

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

37921.  

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

37922.  

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

37923.  

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

37924.  

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

37925.  

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

37926.  

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

37927.  

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

37928.  

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

37929.  

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

37930.  

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

37931.  

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

 

Chapter  4. Groundwater Management Plans

 

37940.  

In order to balance the water supply and demand within
the Paso Robles Groundwater begin delete basin, end delete begin insert Basin, end insert the district may do the
following:

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

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

(1) Existing groundwater storage.

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

(3) The expected adverse effects of projected extractions.

37941.  

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

37942.  

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

 

Chapter  5. Groundwater management

 

37950.  

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

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

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

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

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

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

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

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

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

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

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

(4) The location of the water extraction facility.

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

37951.  

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

37952.  

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

37953.  

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

37954.  

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

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

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

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

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

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

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

37955.  

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

 

Chapter  6. Groundwater Extraction Charges

 

37960.  

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

37961.  

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

37962.  

If any operator of any extraction facility fails to pay a
groundwater extraction charge when due, the district may charge
and collect interest at the rate of 11⁄2 percent each month on the
delinquent amount of the groundwater extraction charge. In
addition, the district may exercise any of the provisions of Sections
75630 to 75633, inclusive, for the purpose of collecting delinquent
groundwater extraction charges.

37963.  

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

begin delete

37964.  

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

end delete

begin delete 37965. end delete
begin insert 37964. end insert   

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

begin delete 37966. end delete
begin insert 37965. end insert   

The Legislature hereby finds and declares the following:

(a) Extraction allocations and extraction surcharges authorized
pursuant to this chapter are necessary to eliminate overdraft caused
by excess extractions from the aquifer systems within the district
and to bring the groundwater basins underlying the territory to
safe yield begin delete by the year 2017 end delete begin insert within 10 years of the formation of the
district end insert and to sustain that safe yield thereafter.

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

begin delete 37967. end delete
begin insert 37966. end insert   

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

begin delete 37968. end delete
begin insert 37967. end insert   

If an operator of a groundwater extraction facility fails
to pay the extraction surcharge when due, the district shall charge
and collect a late penalty at the rate of 11⁄2 percent each month, or
portion thereof, on the delinquent amount of the extraction
surcharge.

begin delete 37969. end delete
begin insert 37968. end insert   

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

begin delete 37970. end delete
begin insert 37969. end insert   

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

SEC. 2.  

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

SEC. 3.  

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