72143. On or before 120 days after the effective date of this
chapter, and on or before the last day of July of each year after
1975, each producer within the Chino Basin shall furnish the
assessing district with an annual report of production for the
preceding fiscal year, on a form to be prescribed by the board. On or
before 150 days after the effective date of this chapter, and on or
before the last day of August of each year after 1975, each Chino
Basin district shall deliver a copy of such annual reports to the
primary district.
72143.1. If any producer subject to production assessments, after
having been given notice as required by Section 72142.2, fails to
file an annual report on production, such producer shall, in addition
to the liability for interest provided in Section 72142.4, become
liable to the assessing district for a penalty of two dollars ($2)
per acre-foot produced during the fiscal year subject to such report.
If the board of the assessing 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 annual
report of such producer, such board shall cause an investigation and
report to be made concerning such production. Such board shall
determine and fix the correct amount of production for any such
producer, not to exceed the maximum production capacity of such
producer's water producing facilities; provided, however, where a
water measuring device is permanently attached thereto, the record of
production as disclosed by such water measuring device shall be
presumed to be accurate, and the burden shall be upon such board to
establish to the contrary.
After such determination has been made by such board, a written
notice thereof shall be mailed to the producer by such assessing
district at his address as shown by the primary district's records.
Any such determination made by such board shall be conclusive on the
producer, and production assessments based thereon, together with
interest and penalties, shall be payable immediately, unless such
producer shall file with such board within 10 days after the mailing
of such notice a written protest setting forth the ground or grounds
for protesting the amount of production so determined or the
production assessment, interest, and penalties so levied thereon.
Upon the filing of such protest, such board shall hold a hearing at
which time the total amount of production and the production
assessment thereon 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 such board shall be mailed to each
protestant. Such producer shall have 20 days from the date of mailing
of such notice to pay the production assessment, interest, and
penalties so fixed by such board. Within 30 days after the conclusion
of the proceedings under this section, such assessing district shall
deliver a copy of the notice of the determination to the primary
district.
72143. On or before 120 days after the effective date of this
chapter, and on or before the last day of July of each year after
1975, each producer within the Chino Basin shall furnish the
assessing district with an annual report of production for the
preceding fiscal year, on a form to be prescribed by the board. On or
before 150 days after the effective date of this chapter, and on or
before the last day of August of each year after 1975, each Chino
Basin district shall deliver a copy of such annual reports to the
primary district.
72143.1. If any producer subject to production assessments, after
having been given notice as required by Section 72142.2, fails to
file an annual report on production, such producer shall, in addition
to the liability for interest provided in Section 72142.4, become
liable to the assessing district for a penalty of two dollars ($2)
per acre-foot produced during the fiscal year subject to such report.
If the board of the assessing 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 annual
report of such producer, such board shall cause an investigation and
report to be made concerning such production. Such board shall
determine and fix the correct amount of production for any such
producer, not to exceed the maximum production capacity of such
producer's water producing facilities; provided, however, where a
water measuring device is permanently attached thereto, the record of
production as disclosed by such water measuring device shall be
presumed to be accurate, and the burden shall be upon such board to
establish to the contrary.
After such determination has been made by such board, a written
notice thereof shall be mailed to the producer by such assessing
district at his address as shown by the primary district's records.
Any such determination made by such board shall be conclusive on the
producer, and production assessments based thereon, together with
interest and penalties, shall be payable immediately, unless such
producer shall file with such board within 10 days after the mailing
of such notice a written protest setting forth the ground or grounds
for protesting the amount of production so determined or the
production assessment, interest, and penalties so levied thereon.
Upon the filing of such protest, such board shall hold a hearing at
which time the total amount of production and the production
assessment thereon 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 such board shall be mailed to each
protestant. Such producer shall have 20 days from the date of mailing
of such notice to pay the production assessment, interest, and
penalties so fixed by such board. Within 30 days after the conclusion
of the proceedings under this section, such assessing district shall
deliver a copy of the notice of the determination to the primary
district.
72143. On or before 120 days after the effective date of this
chapter, and on or before the last day of July of each year after
1975, each producer within the Chino Basin shall furnish the
assessing district with an annual report of production for the
preceding fiscal year, on a form to be prescribed by the board. On or
before 150 days after the effective date of this chapter, and on or
before the last day of August of each year after 1975, each Chino
Basin district shall deliver a copy of such annual reports to the
primary district.
72143.1. If any producer subject to production assessments, after
having been given notice as required by Section 72142.2, fails to
file an annual report on production, such producer shall, in addition
to the liability for interest provided in Section 72142.4, become
liable to the assessing district for a penalty of two dollars ($2)
per acre-foot produced during the fiscal year subject to such report.
If the board of the assessing 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 annual
report of such producer, such board shall cause an investigation and
report to be made concerning such production. Such board shall
determine and fix the correct amount of production for any such
producer, not to exceed the maximum production capacity of such
producer's water producing facilities; provided, however, where a
water measuring device is permanently attached thereto, the record of
production as disclosed by such water measuring device shall be
presumed to be accurate, and the burden shall be upon such board to
establish to the contrary.
After such determination has been made by such board, a written
notice thereof shall be mailed to the producer by such assessing
district at his address as shown by the primary district's records.
Any such determination made by such board shall be conclusive on the
producer, and production assessments based thereon, together with
interest and penalties, shall be payable immediately, unless such
producer shall file with such board within 10 days after the mailing
of such notice a written protest setting forth the ground or grounds
for protesting the amount of production so determined or the
production assessment, interest, and penalties so levied thereon.
Upon the filing of such protest, such board shall hold a hearing at
which time the total amount of production and the production
assessment thereon 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 such board shall be mailed to each
protestant. Such producer shall have 20 days from the date of mailing
of such notice to pay the production assessment, interest, and
penalties so fixed by such board. Within 30 days after the conclusion
of the proceedings under this section, such assessing district shall
deliver a copy of the notice of the determination to the primary
district.
