31630. The Coachella Valley Water District shall have the power to
levy and collect water replenishment assessments, as provided in this
chapter, for the purpose of replenishing ground water supplies
within the district.
31630.5. As used in this chapter:
(a) "Annual" or "year" means a calendar year unless the context
indicates a contrary meaning.
(b) "District" means the Coachella Valley Water District.
(c) "Fiscal year" means the period of July 1 through June 30,
inclusive.
(d) "Production" or "produce" means the extraction of groundwater
by pumping or any other method within the boundaries of the district
or the diversion within the district of surface supplies which
naturally replenish the groundwater supplies within the district and
are used therein.
(e) "Producer" means any individual, partnership, association or
group of individuals, lessee, firm, private corporation, or any
public agency or public corporation, including, but not limited to,
the Coachella Valley Water District.
(f) "Minimal pumper" means any producer who produces 25 or fewer
acre-feet in any year.
(g) "Replenishment" and "replenishing" include incentive programs
encouraging producers to use reclaimed water supplied by the
district, or Colorado River water from the district's Coachella
Branch Canal, for irrigation or other purposes, instead of
groundwater.
(h) "Supplemental water" means water from the State Water
Resources Development System, or from the Colorado River Aqueduct of
the Metropolitan Water District of Southern California, or from any
other source which is not part of the natural replenishment of the
groundwater supplies within the district, including reclaimed water.
31631. By May 1 of each year the board shall have prepared and
presented to it an engineering survey and report concerning the
groundwater supplies within the district. The report shall include
the condition of the groundwater supplies, the need for
replenishment, and recommendations for any replenishment program,
including the source and amount of replenishment water, the cost of
purchasing or producing, transporting, and spreading this water, and
the cost of "in lieu" programs, including incentives to use Colorado
River water or reclaimed water in place of groundwater. In connection
with any proposed replenishment program, the report shall also
describe the area or areas benefited, either directly or indirectly,
the amount of water production produced in each area during the prior
year, and shall recommend the amount of assessment to be levied upon
all production within the benefited area or areas.
31631.5. If the board determines that funds should be raised by a
replenishment assessment, it shall call a public hearing, and shall
publish notice at least 10 days in advance thereof pursuant to
Section 6061 of the Government Code. Notice shall also be mailed by
the district to all producers as disclosed by the records of the
district who may be affected by the recommended assessment. Failure
of any affected producers to receive such notice shall not affect the
validity of any subsequent replenishment assessment. The notice
shall contain the time and place of the hearing, a generalized or
common description of each area of benefit, the amount of each
recommended replenishment assessment, and an invitation to all
interested parties to attend and be heard in support of or in
opposition to the proposed assessment. The notice shall also state
that a copy of the engineering report is available for inspection at
the office of the district.
31632. The hearing shall be held before the board and a quorum
shall be present. The hearing may be adjourned from time to time by
the president. All evidence relevant to the engineering survey and
report, the recommendation that a replenishment assessment pursuant
to this chapter be levied, and the determination of the area
benefited by such assessment and replenishment program, may be
introduced. Upon completion of the hearing, the board shall, by
resolution, make specific findings on all facts relevant and material
to the purposes for which a replenishment assessment, if any, may be
levied under this chapter. In the event the district establishes a
replenishment program and levies assessments hereunder, and such
program is continued in subsequent years without substantial change
and at the same rate of assessment, the board may dispense with the
notice, hearing, and findings required by Section 31631.5 and this
section.
31632.5. Before July 1 of each year, the board may by resolution
levy a replenishment assessment upon all water production during the
following fiscal year within each area of benefit as determined by
the board. The assessment within each area of benefit shall be at a
uniform rate per acre-foot. The resolution shall also state the time
or times at which such assessment shall be due and payable, which may
be in convenient installments as determined by the board.
31633. The amount of any replenishment assessment levied within an
area of benefit shall be established at the discretion of the board,
except that no assessment shall exceed the sum of the following costs
and charges:
(a) Those charges imposed under the contract between the district
and the state for an imported water supply from the State Water
Resources Development System consisting of all of the following:
(1) The variable operation, maintenance, power, and replacement
component of the transportation charge.
(2) The off-aqueduct power facilities component of the
transportation charge.
(3) The delta water charge.
(4) Any surplus water or unscheduled water charge.
(5) Sums paid by the district to the Desert Water Agency for
payment of similar charges under a similar contract the agency has
with the state as provided in the water management agreement of July
1, 1976, as amended.
(b) The cost of recharging the groundwater basin with imported
water from the State Water Resources Development System not included
in subdivision (a).
(c) The cost of importing and recharging water from sources other
than the State Water Resources Development System.
(d) The cost of treatment and distribution of reclaimed water for
recharge or for direct use in lieu of groundwater.
(e) The cost of programs providing incentives to use reclaimed
water or Colorado River water in place of groundwater.
31633.5. Minimal pumpers may be excluded from the engineering
survey and report on water production, and they shall be exempt from
any replenishment assessments and reporting provisions under this
chapter.
31634. The district, after the levying of any replenishment
assessment, shall give notice thereof to all affected producers as
disclosed by the records of the district. Such notice shall state the
rate of assessment for each acre-foot of production during the
fiscal year for which the assessment has been levied, and the dates
when the assessment or installments thereof are due and payable. The
notice shall be sent by first-class mail with the postage prepaid by
the district.
31634.5. Except as provided in Section 31636, each producer, on or
before the dates when the assessment or installments thereof are due
and payable, shall file with the district a sworn statement setting
forth the total quantity of water production in acre-feet which is
subject to the replenishment assessment. Such production shall be
reported as of the end of the month immediately preceding the payment
date. The statement shall be on a form prepared by the district, and
to the extent practicable, shall identify separately the production
from each well or other water-producing facility. The statement shall
also include a general description or number locating such well or
water-producing facility, the method or basis of the measurement or
computation of production, and such other information as the district
may require.
31635. Any replenishment assessment levied pursuant to this chapter
shall be due and payable to the district at the time or times
determined by the district and stated in the notice of levy, and
shall accompany the statement required from each producer.
31636. If the district has an agreement with any producer whereby
the district regularly reads and maintains the water-measuring
devices which record the production of such producer, the producer
shall be exempt from the provisions of Section 31634.5. In lieu
thereof, the district shall send such producer notice of its
production and the amount of the replenishment assessment or
installment due.
31636.5. If any producer subject to a replenishment assessment,
after notice has been given pursuant to Section 31634, shall fail to
pay a replenishment assessment or installment thereof when due, such
producer shall become liable to the district for interest at the rate
of 1 percent per month on the delinquent amount.
31637. Should any producer, subject to a replenishment assessment,
knowingly fail to file the water-production statement, such producer
shall, in addition to interest as provided in Section 31636.5, become
liable to the district for a penalty of one hundred fifty dollars
($150).
31637.5. If the district has probable cause to believe that the
production by any producer is unreported or, if reported, is
substantially in excess of that disclosed by the statement filed by
such producer, the district shall cause an investigation and report
to be made concerning such production, which shall include the right
to inspect the water-producing facility and any water-measuring
device used therewith. The board shall thereupon determine and fix
the correct amount of production for any such producer, and give
written notice thereof. Any such determination made by the board
shall be binding upon the producer, and the replenishment assessments
based thereon together with interest and penalties shall be payable
immediately, unless the producer shall file with the board within 10
days after the mailing of such notice a written protest setting forth
the grounds of protest. Upon the filing of such protest the board
shall hold a hearing at which time the total amount of production and
the replenishment assessment shall be determined, and the interest
and penalties fixed, which action shall be conclusive if based upon
substantial evidence. A notice of such hearing shall be mailed to the
protestant at least 10 days before the date fixed for the hearing.
Notice of the determination by the board shall be mailed to the
protestant. The producer shall have 20 days from the date of mailing
of such notice to pay the replenishment assessment, interest, and
penalties so fixed by the board.
31638. The district may, in any court having jurisdiction, bring
suit against any producer to enjoin any water production in violation
of any of the provisions of this chapter, and to collect any
delinquent replenishment assessments, interest or penalties. The
court may award interest, cost and attorney's fees on any judgment.
31638.5. It shall be unlawful to produce water from within any area
of benefit after one year following the levy of a replenishment
assessment within such area, unless the well or other water-producing
facility producing such water shall have a water-measuring device
affixed thereto which is capable of measuring and registering the
accumulated amount of water produced. The provisions of this section
shall not be applicable to minimal pumpers. The district by written
agreement with any producer shall provide, install, maintain, own and
read such water-measuring device. Violation thereof shall be
punishable by a fine not to exceed six hundred dollars ($600), or by
imprisonment in the county jail not to exceed 30 days, or by both
such fine and imprisonment.
31639. This chapter, applicable only to the Coachella Valley Water
District, is necessary because of the special and unique problems of
imported ground water recharge of ground water basins within such
district and the necessity of the payment of part of such expense by
a water replenishment assessment. This problem is not common to all
districts formed under this division. It is therefore hereby declared
that a general law cannot be made applicable and that the enactment
of this chapter as a special law is necessary for the solution of
problems existing in the Coachella Valley Water District.
31630. The Coachella Valley Water District shall have the power to
levy and collect water replenishment assessments, as provided in this
chapter, for the purpose of replenishing ground water supplies
within the district.
31630.5. As used in this chapter:
(a) "Annual" or "year" means a calendar year unless the context
indicates a contrary meaning.
(b) "District" means the Coachella Valley Water District.
(c) "Fiscal year" means the period of July 1 through June 30,
inclusive.
(d) "Production" or "produce" means the extraction of groundwater
by pumping or any other method within the boundaries of the district
or the diversion within the district of surface supplies which
naturally replenish the groundwater supplies within the district and
are used therein.
(e) "Producer" means any individual, partnership, association or
group of individuals, lessee, firm, private corporation, or any
public agency or public corporation, including, but not limited to,
the Coachella Valley Water District.
(f) "Minimal pumper" means any producer who produces 25 or fewer
acre-feet in any year.
(g) "Replenishment" and "replenishing" include incentive programs
encouraging producers to use reclaimed water supplied by the
district, or Colorado River water from the district's Coachella
Branch Canal, for irrigation or other purposes, instead of
groundwater.
(h) "Supplemental water" means water from the State Water
Resources Development System, or from the Colorado River Aqueduct of
the Metropolitan Water District of Southern California, or from any
other source which is not part of the natural replenishment of the
groundwater supplies within the district, including reclaimed water.
31631. By May 1 of each year the board shall have prepared and
presented to it an engineering survey and report concerning the
groundwater supplies within the district. The report shall include
the condition of the groundwater supplies, the need for
replenishment, and recommendations for any replenishment program,
including the source and amount of replenishment water, the cost of
purchasing or producing, transporting, and spreading this water, and
the cost of "in lieu" programs, including incentives to use Colorado
River water or reclaimed water in place of groundwater. In connection
with any proposed replenishment program, the report shall also
describe the area or areas benefited, either directly or indirectly,
the amount of water production produced in each area during the prior
year, and shall recommend the amount of assessment to be levied upon
all production within the benefited area or areas.
31631.5. If the board determines that funds should be raised by a
replenishment assessment, it shall call a public hearing, and shall
publish notice at least 10 days in advance thereof pursuant to
Section 6061 of the Government Code. Notice shall also be mailed by
the district to all producers as disclosed by the records of the
district who may be affected by the recommended assessment. Failure
of any affected producers to receive such notice shall not affect the
validity of any subsequent replenishment assessment. The notice
shall contain the time and place of the hearing, a generalized or
common description of each area of benefit, the amount of each
recommended replenishment assessment, and an invitation to all
interested parties to attend and be heard in support of or in
opposition to the proposed assessment. The notice shall also state
that a copy of the engineering report is available for inspection at
the office of the district.
31632. The hearing shall be held before the board and a quorum
shall be present. The hearing may be adjourned from time to time by
the president. All evidence relevant to the engineering survey and
report, the recommendation that a replenishment assessment pursuant
to this chapter be levied, and the determination of the area
benefited by such assessment and replenishment program, may be
introduced. Upon completion of the hearing, the board shall, by
resolution, make specific findings on all facts relevant and material
to the purposes for which a replenishment assessment, if any, may be
levied under this chapter. In the event the district establishes a
replenishment program and levies assessments hereunder, and such
program is continued in subsequent years without substantial change
and at the same rate of assessment, the board may dispense with the
notice, hearing, and findings required by Section 31631.5 and this
section.
31632.5. Before July 1 of each year, the board may by resolution
levy a replenishment assessment upon all water production during the
following fiscal year within each area of benefit as determined by
the board. The assessment within each area of benefit shall be at a
uniform rate per acre-foot. The resolution shall also state the time
or times at which such assessment shall be due and payable, which may
be in convenient installments as determined by the board.
31633. The amount of any replenishment assessment levied within an
area of benefit shall be established at the discretion of the board,
except that no assessment shall exceed the sum of the following costs
and charges:
(a) Those charges imposed under the contract between the district
and the state for an imported water supply from the State Water
Resources Development System consisting of all of the following:
(1) The variable operation, maintenance, power, and replacement
component of the transportation charge.
(2) The off-aqueduct power facilities component of the
transportation charge.
(3) The delta water charge.
(4) Any surplus water or unscheduled water charge.
(5) Sums paid by the district to the Desert Water Agency for
payment of similar charges under a similar contract the agency has
with the state as provided in the water management agreement of July
1, 1976, as amended.
(b) The cost of recharging the groundwater basin with imported
water from the State Water Resources Development System not included
in subdivision (a).
(c) The cost of importing and recharging water from sources other
than the State Water Resources Development System.
(d) The cost of treatment and distribution of reclaimed water for
recharge or for direct use in lieu of groundwater.
(e) The cost of programs providing incentives to use reclaimed
water or Colorado River water in place of groundwater.
31633.5. Minimal pumpers may be excluded from the engineering
survey and report on water production, and they shall be exempt from
any replenishment assessments and reporting provisions under this
chapter.
31634. The district, after the levying of any replenishment
assessment, shall give notice thereof to all affected producers as
disclosed by the records of the district. Such notice shall state the
rate of assessment for each acre-foot of production during the
fiscal year for which the assessment has been levied, and the dates
when the assessment or installments thereof are due and payable. The
notice shall be sent by first-class mail with the postage prepaid by
the district.
31634.5. Except as provided in Section 31636, each producer, on or
before the dates when the assessment or installments thereof are due
and payable, shall file with the district a sworn statement setting
forth the total quantity of water production in acre-feet which is
subject to the replenishment assessment. Such production shall be
reported as of the end of the month immediately preceding the payment
date. The statement shall be on a form prepared by the district, and
to the extent practicable, shall identify separately the production
from each well or other water-producing facility. The statement shall
also include a general description or number locating such well or
water-producing facility, the method or basis of the measurement or
computation of production, and such other information as the district
may require.
31635. Any replenishment assessment levied pursuant to this chapter
shall be due and payable to the district at the time or times
determined by the district and stated in the notice of levy, and
shall accompany the statement required from each producer.
31636. If the district has an agreement with any producer whereby
the district regularly reads and maintains the water-measuring
devices which record the production of such producer, the producer
shall be exempt from the provisions of Section 31634.5. In lieu
thereof, the district shall send such producer notice of its
production and the amount of the replenishment assessment or
installment due.
31636.5. If any producer subject to a replenishment assessment,
after notice has been given pursuant to Section 31634, shall fail to
pay a replenishment assessment or installment thereof when due, such
producer shall become liable to the district for interest at the rate
of 1 percent per month on the delinquent amount.
31637. Should any producer, subject to a replenishment assessment,
knowingly fail to file the water-production statement, such producer
shall, in addition to interest as provided in Section 31636.5, become
liable to the district for a penalty of one hundred fifty dollars
($150).
31637.5. If the district has probable cause to believe that the
production by any producer is unreported or, if reported, is
substantially in excess of that disclosed by the statement filed by
such producer, the district shall cause an investigation and report
to be made concerning such production, which shall include the right
to inspect the water-producing facility and any water-measuring
device used therewith. The board shall thereupon determine and fix
the correct amount of production for any such producer, and give
written notice thereof. Any such determination made by the board
shall be binding upon the producer, and the replenishment assessments
based thereon together with interest and penalties shall be payable
immediately, unless the producer shall file with the board within 10
days after the mailing of such notice a written protest setting forth
the grounds of protest. Upon the filing of such protest the board
shall hold a hearing at which time the total amount of production and
the replenishment assessment shall be determined, and the interest
and penalties fixed, which action shall be conclusive if based upon
substantial evidence. A notice of such hearing shall be mailed to the
protestant at least 10 days before the date fixed for the hearing.
Notice of the determination by the board shall be mailed to the
protestant. The producer shall have 20 days from the date of mailing
of such notice to pay the replenishment assessment, interest, and
penalties so fixed by the board.
31638. The district may, in any court having jurisdiction, bring
suit against any producer to enjoin any water production in violation
of any of the provisions of this chapter, and to collect any
delinquent replenishment assessments, interest or penalties. The
court may award interest, cost and attorney's fees on any judgment.
31638.5. It shall be unlawful to produce water from within any area
of benefit after one year following the levy of a replenishment
assessment within such area, unless the well or other water-producing
facility producing such water shall have a water-measuring device
affixed thereto which is capable of measuring and registering the
accumulated amount of water produced. The provisions of this section
shall not be applicable to minimal pumpers. The district by written
agreement with any producer shall provide, install, maintain, own and
read such water-measuring device. Violation thereof shall be
punishable by a fine not to exceed six hundred dollars ($600), or by
imprisonment in the county jail not to exceed 30 days, or by both
such fine and imprisonment.
31639. This chapter, applicable only to the Coachella Valley Water
District, is necessary because of the special and unique problems of
imported ground water recharge of ground water basins within such
district and the necessity of the payment of part of such expense by
a water replenishment assessment. This problem is not common to all
districts formed under this division. It is therefore hereby declared
that a general law cannot be made applicable and that the enactment
of this chapter as a special law is necessary for the solution of
problems existing in the Coachella Valley Water District.
31630. The Coachella Valley Water District shall have the power to
levy and collect water replenishment assessments, as provided in this
chapter, for the purpose of replenishing ground water supplies
within the district.
31630.5. As used in this chapter:
(a) "Annual" or "year" means a calendar year unless the context
indicates a contrary meaning.
(b) "District" means the Coachella Valley Water District.
(c) "Fiscal year" means the period of July 1 through June 30,
inclusive.
(d) "Production" or "produce" means the extraction of groundwater
by pumping or any other method within the boundaries of the district
or the diversion within the district of surface supplies which
naturally replenish the groundwater supplies within the district and
are used therein.
(e) "Producer" means any individual, partnership, association or
group of individuals, lessee, firm, private corporation, or any
public agency or public corporation, including, but not limited to,
the Coachella Valley Water District.
(f) "Minimal pumper" means any producer who produces 25 or fewer
acre-feet in any year.
(g) "Replenishment" and "replenishing" include incentive programs
encouraging producers to use reclaimed water supplied by the
district, or Colorado River water from the district's Coachella
Branch Canal, for irrigation or other purposes, instead of
groundwater.
(h) "Supplemental water" means water from the State Water
Resources Development System, or from the Colorado River Aqueduct of
the Metropolitan Water District of Southern California, or from any
other source which is not part of the natural replenishment of the
groundwater supplies within the district, including reclaimed water.
31631. By May 1 of each year the board shall have prepared and
presented to it an engineering survey and report concerning the
groundwater supplies within the district. The report shall include
the condition of the groundwater supplies, the need for
replenishment, and recommendations for any replenishment program,
including the source and amount of replenishment water, the cost of
purchasing or producing, transporting, and spreading this water, and
the cost of "in lieu" programs, including incentives to use Colorado
River water or reclaimed water in place of groundwater. In connection
with any proposed replenishment program, the report shall also
describe the area or areas benefited, either directly or indirectly,
the amount of water production produced in each area during the prior
year, and shall recommend the amount of assessment to be levied upon
all production within the benefited area or areas.
31631.5. If the board determines that funds should be raised by a
replenishment assessment, it shall call a public hearing, and shall
publish notice at least 10 days in advance thereof pursuant to
Section 6061 of the Government Code. Notice shall also be mailed by
the district to all producers as disclosed by the records of the
district who may be affected by the recommended assessment. Failure
of any affected producers to receive such notice shall not affect the
validity of any subsequent replenishment assessment. The notice
shall contain the time and place of the hearing, a generalized or
common description of each area of benefit, the amount of each
recommended replenishment assessment, and an invitation to all
interested parties to attend and be heard in support of or in
opposition to the proposed assessment. The notice shall also state
that a copy of the engineering report is available for inspection at
the office of the district.
31632. The hearing shall be held before the board and a quorum
shall be present. The hearing may be adjourned from time to time by
the president. All evidence relevant to the engineering survey and
report, the recommendation that a replenishment assessment pursuant
to this chapter be levied, and the determination of the area
benefited by such assessment and replenishment program, may be
introduced. Upon completion of the hearing, the board shall, by
resolution, make specific findings on all facts relevant and material
to the purposes for which a replenishment assessment, if any, may be
levied under this chapter. In the event the district establishes a
replenishment program and levies assessments hereunder, and such
program is continued in subsequent years without substantial change
and at the same rate of assessment, the board may dispense with the
notice, hearing, and findings required by Section 31631.5 and this
section.
31632.5. Before July 1 of each year, the board may by resolution
levy a replenishment assessment upon all water production during the
following fiscal year within each area of benefit as determined by
the board. The assessment within each area of benefit shall be at a
uniform rate per acre-foot. The resolution shall also state the time
or times at which such assessment shall be due and payable, which may
be in convenient installments as determined by the board.
31633. The amount of any replenishment assessment levied within an
area of benefit shall be established at the discretion of the board,
except that no assessment shall exceed the sum of the following costs
and charges:
(a) Those charges imposed under the contract between the district
and the state for an imported water supply from the State Water
Resources Development System consisting of all of the following:
(1) The variable operation, maintenance, power, and replacement
component of the transportation charge.
(2) The off-aqueduct power facilities component of the
transportation charge.
(3) The delta water charge.
(4) Any surplus water or unscheduled water charge.
(5) Sums paid by the district to the Desert Water Agency for
payment of similar charges under a similar contract the agency has
with the state as provided in the water management agreement of July
1, 1976, as amended.
(b) The cost of recharging the groundwater basin with imported
water from the State Water Resources Development System not included
in subdivision (a).
(c) The cost of importing and recharging water from sources other
than the State Water Resources Development System.
(d) The cost of treatment and distribution of reclaimed water for
recharge or for direct use in lieu of groundwater.
(e) The cost of programs providing incentives to use reclaimed
water or Colorado River water in place of groundwater.
31633.5. Minimal pumpers may be excluded from the engineering
survey and report on water production, and they shall be exempt from
any replenishment assessments and reporting provisions under this
chapter.
31634. The district, after the levying of any replenishment
assessment, shall give notice thereof to all affected producers as
disclosed by the records of the district. Such notice shall state the
rate of assessment for each acre-foot of production during the
fiscal year for which the assessment has been levied, and the dates
when the assessment or installments thereof are due and payable. The
notice shall be sent by first-class mail with the postage prepaid by
the district.
31634.5. Except as provided in Section 31636, each producer, on or
before the dates when the assessment or installments thereof are due
and payable, shall file with the district a sworn statement setting
forth the total quantity of water production in acre-feet which is
subject to the replenishment assessment. Such production shall be
reported as of the end of the month immediately preceding the payment
date. The statement shall be on a form prepared by the district, and
to the extent practicable, shall identify separately the production
from each well or other water-producing facility. The statement shall
also include a general description or number locating such well or
water-producing facility, the method or basis of the measurement or
computation of production, and such other information as the district
may require.
31635. Any replenishment assessment levied pursuant to this chapter
shall be due and payable to the district at the time or times
determined by the district and stated in the notice of levy, and
shall accompany the statement required from each producer.
31636. If the district has an agreement with any producer whereby
the district regularly reads and maintains the water-measuring
devices which record the production of such producer, the producer
shall be exempt from the provisions of Section 31634.5. In lieu
thereof, the district shall send such producer notice of its
production and the amount of the replenishment assessment or
installment due.
31636.5. If any producer subject to a replenishment assessment,
after notice has been given pursuant to Section 31634, shall fail to
pay a replenishment assessment or installment thereof when due, such
producer shall become liable to the district for interest at the rate
of 1 percent per month on the delinquent amount.
31637. Should any producer, subject to a replenishment assessment,
knowingly fail to file the water-production statement, such producer
shall, in addition to interest as provided in Section 31636.5, become
liable to the district for a penalty of one hundred fifty dollars
($150).
31637.5. If the district has probable cause to believe that the
production by any producer is unreported or, if reported, is
substantially in excess of that disclosed by the statement filed by
such producer, the district shall cause an investigation and report
to be made concerning such production, which shall include the right
to inspect the water-producing facility and any water-measuring
device used therewith. The board shall thereupon determine and fix
the correct amount of production for any such producer, and give
written notice thereof. Any such determination made by the board
shall be binding upon the producer, and the replenishment assessments
based thereon together with interest and penalties shall be payable
immediately, unless the producer shall file with the board within 10
days after the mailing of such notice a written protest setting forth
the grounds of protest. Upon the filing of such protest the board
shall hold a hearing at which time the total amount of production and
the replenishment assessment shall be determined, and the interest
and penalties fixed, which action shall be conclusive if based upon
substantial evidence. A notice of such hearing shall be mailed to the
protestant at least 10 days before the date fixed for the hearing.
Notice of the determination by the board shall be mailed to the
protestant. The producer shall have 20 days from the date of mailing
of such notice to pay the replenishment assessment, interest, and
penalties so fixed by the board.
31638. The district may, in any court having jurisdiction, bring
suit against any producer to enjoin any water production in violation
of any of the provisions of this chapter, and to collect any
delinquent replenishment assessments, interest or penalties. The
court may award interest, cost and attorney's fees on any judgment.
31638.5. It shall be unlawful to produce water from within any area
of benefit after one year following the levy of a replenishment
assessment within such area, unless the well or other water-producing
facility producing such water shall have a water-measuring device
affixed thereto which is capable of measuring and registering the
accumulated amount of water produced. The provisions of this section
shall not be applicable to minimal pumpers. The district by written
agreement with any producer shall provide, install, maintain, own and
read such water-measuring device. Violation thereof shall be
punishable by a fine not to exceed six hundred dollars ($600), or by
imprisonment in the county jail not to exceed 30 days, or by both
such fine and imprisonment.
31639. This chapter, applicable only to the Coachella Valley Water
District, is necessary because of the special and unique problems of
imported ground water recharge of ground water basins within such
district and the necessity of the payment of part of such expense by
a water replenishment assessment. This problem is not common to all
districts formed under this division. It is therefore hereby declared
that a general law cannot be made applicable and that the enactment
of this chapter as a special law is necessary for the solution of
problems existing in the Coachella Valley Water District.
