AB 552: United Water Conservation District.

(1)Existing law, the Water Conservation District Law of 1931, authorizes a water conservation district to be organized and established by a county board of supervisors, with specified powers and purposes.

This bill would authorize the United Water Conservation District to inspect any water-producing facility within its boundaries with the consent of the operator of the water-producing facility or with a duly issued inspection warrant, as prescribed. Because the willful refusal of an inspection lawfully authorized by an inspection warrant is a misdemeanor, this bill would impose a state-mandated local program by expanding the application of a crime.

(2)The law permits a water conservation district to levy groundwater charges and requires a district to cause to be made annually an engineering investigation and report on groundwater conditions of the district. The law requires the district board to hold a hearing on the report and then authorizes the board to make a determination to levy a groundwater charge. The law requires, when a water-producing facility in a zone with a groundwater charge is permanently abandoned, that the operator of the facility give written notice of the abandonment to the district.

This bill would authorize the United Water Conservation District to affix seals to an abandoned water-producing facility.

(3)The law requires a district, if any operator of a water-producing facility fails to pay the groundwater charge when due, to charge interest at the rate of 1% each month on the delinquent amount. The law requires a district, if any operator of a water-producing facility fails to register the facility or fails to file required water production statements, to additionally assess a penalty charge against the operator in an amount of 10% of the amount due.

This bill would authorize the United Water Conservation District to assess an administrative charge to recover the cost of collection of delinquent unpaid charges and would authorize the district to adopt an ordinance to provide that in excusable or justifiable circumstances, the administrative charge may be reduced or waived.

(4)The law authorizes a district to bring a suit against any operator, as defined, of a water-producing facility within the district for the collection of any delinquent groundwater charge. The law authorizes a court, in addition to allowing recovery of costs to the district, to fix and allow as part of the judgment interest and penalties, as specified.

This bill would authorize the United Water Conservation District to seek a writ of attachment against the property of any named defendant in an above-described suit, as specified. This bill would authorize the district to recover administrative charges in these suits brought against an operator. This bill would authorize, as an alternative to bringing a suit, the district to collect any delinquent groundwater charge and any interest, penalties, costs, and administrative charges in the same manner as delinquent assessments, water charges, or tolls. The bill would authorize as an additional remedy, after specified notice and a public hearing, the district to order an operator to cease extraction of groundwater from a water-producing facility until all delinquent fees and charges are paid.

(5)The law authorizes a court in a suit by a district against an operator of a water-producing facility within the district for the collection of any delinquent groundwater charge to issue and grant an injunction restraining and prohibiting the defendant from the operation of any water-producing facility when it is established at the hearing that the defendant has failed to register the facility with the district or that the defendant is delinquent in payment of groundwater charges for the facility.

This bill would authorize the United Water Conservation District, following the issuance of the injunction, as a condition of allowing future operation of the water-producing facility, to require the operator to post a cash deposit or bond with the district, as prescribed.

(6)This bill would make legislative findings and declarations as to the necessity of a special statute for the United Water Conservation District.

(7)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.