SB 565

Bill Subjects

Abstract

(1) Existing law generally prohibits the state, or a county, city, district, or other political subdivision, or any public officer or body acting in its official capacity on behalf of any of those entities, from being required to pay any fee for the performance of an official service. Existing law exempts from this provision any fee or charge for official services required pursuant to specified provisions of law relating to water use or water quality. This bill would expand the exemption to other provisions relating to water use, including provisions that require the payment of fees to the State Water Resources Control Board (board) for official services relating to statements of water diversion and use. (2) Existing law authorizes the board to investigate all streams, stream systems, lakes, or other bodies of water, take testimony relating to the rights to water or the use of water, and ascertain whether water filed upon or attempted to be appropriated is appropriated under the laws of the state. Existing law requires the board to take appropriate actions to prevent waste or the unreasonable use of water. Under existing law, the board makes determinations with regard to the availability of recycled water. This bill would authorize the board, in conducting an investigation or proceeding for these purposes, to order any person or entity that diverts water or uses water to submit a technical or monitoring report related to the diversion or use of water by that person or entity, if the report is in that person's or entity's possession or control, and would authorize the board to require specified persons and entities to prepare and submit technical and monitoring reports. The bill would authorize the board, in connection with the investigation or proceeding, and with the consent of the owner or possessor of the facilities or pursuant to a warrant, to inspect the facilities of any person or entity to determine compliance with specified water use requirements. (3) Existing law declares that the diversion or use of water other than as authorized by specified provisions of law is a trespass. Existing law authorizes the administrative imposition of civil liability by the board for a trespass in an amount not to exceed $500 for each day in which the trespass occurs. Moneys generated by the imposition of civil liability under these provisions are deposited in the Water Rights Fund. This bill would provide that, for a first enforcement proceeding, a person or entity committing a trespass may be liable either in an amount not to exceed the sum of $1,000 for each day in which the trespass occurs, if the unauthorized diversion or use does not exceed 1,000 acre feet, or, if the unauthorized diversion or use exceeds 1,000 acre feet, in an amount not to exceed the sum of either $1,000 for each day in which the trespass occurs or the economic benefit of the violation, as specified, whichever is the greater amount. For a subsequent enforcement proceeding, the bill would provide that the person or entity committing the trespass may be liable in an amount not to exceed either $5,000 for each day in which the trespass occurs, as specified, or the economic benefit of the violation, as defined, whichever is the greater amount. The moneys would be required to be deposited in the Water Rights Fund, as specified. (4) Existing law, with certain exceptions, requires each person who diverts water after December 31, 1965, to file with the board a prescribed statement of diversion and use. Existing law requires a statement to include specified information, including, on and after January 1, 2012, monthly records of water diversions. This bill would establish a rebuttable presumption, as specified, in any proceeding before the board in which it is alleged that a right to appropriate water has ceased or is subject to prescribed action, that no use required to be included in a statement of diversion and use occurred unless that use is included in a statement that is submitted to the board within a specified time period. The bill would require certain statements submitted to the board, that are canceled for nonpayment of fees, to be deemed submitted for purposes of that presumption. The bill would require a person who files a statement of diversion and use, and certain petitions involving a change in a water right, to pay an annual fee, for deposit in the Water Rights Fund. The bill would include as recoverable costs, for which the board may be reimbursed from the fund upon appropriation therefor, costs incurred in connection with carrying out requirements relating to the statements of diversion and use and the performance of duties under provisions that require the reasonable use of water. (5) Existing law authorizes the board to issue a cease and desist order against a person who is violating, or threatening to violate, certain requirements, including requirements set forth in a decision or order relating to the unauthorized use of water. Any person who violates a cease and desist order may be liable in an amount not to exceed $1,000 for each day in which the violation occurs. Revenue generated from these penalties is deposited in the Water Rights Fund. This bill would increase, as specified, the civil penalties that apply to a person who violates a cease and desist order. The bill would impose civil liability, in an amount not to exceed $500 for each day in which a violation occurs, for a failure to comply with various reporting or monitoring requirements. The bill would authorize the board to impose additional civil liability, in an amount not to exceed $500 for each day in which a violation occurs, for the violation of a permit, license, certificate, or registration, or an order or regulation involving the unreasonable use of water. The board would be required to establish a schedule of penalties that applies to small farms for de minimis water right violations. Funds derived from the imposition of these civil penalties would be deposited in the Water Rights Fund, as specified.