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2005 California Water Code Sections 10850-10855 CHAPTER 4. MISCELLANEOUS PROVISIONS
WATER CODESECTION 10850-10855
10850. (a) Any actions or proceedings to attack, review, set aside, void, or annul the acts or decisions of an agricultural water supplier on the grounds of noncompliance with this part shall be brought pursuant to Section 1085 of the Code of Civil Procedure, and the court's review of compliance or noncompliance with this part shall extend to whether the water conservation plan, or portion thereof, or revision thereto, substantially complies with the requirements of this part. (b) An action or proceeding alleging failure to adopt a plan shall be commenced within 18 months after that adoption is required by this part, or within 18 months after commencement of agricultural water service by a supplier commencing that service after January 1, 1988. (c) Any action or proceeding alleging that a plan, or action taken pursuant to the plan, does not comply with this part shall be commenced within 120 days after filing of the plan or amendment thereto pursuant to Section 10844 or the taking of that action. (d) In an action or proceeding to attack, review, set aside, void, or annul the acts or decisions of an agricultural water supplier made pursuant to this part at a properly noticed public hearing, the issues raised shall be limited to those raised in the public hearing, or in written correspondence delivered to the public agency prior to, or at, the public hearing, except where the court finds either of the following. (1) The issue could not have been raised at the public hearing by a person exercising reasonable diligence. (2) The body conducting the public hearing prevented the issue from being raised at the public hearing. 10851. The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the preparation and adoption of plans prepared and adopted under this part. Nothing in this part exempts projects for implementation of the plan or for expanded or additional water supplies from the California Environmental Quality Act. 10852. If any provision of this part or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provision or application thereof, and to this end the provisions of this part are severable. 10853. The department, from funds appropriated for this purpose, shall reimburse each supplier preparing an informational report pursuant to this part for the cost incurred in preparing the report up to an amount, not to exceed five thousand dollars ($5,000) per report. The department shall reimburse each supplier preparing an agricultural water management plan pursuant to this part for the costs incurred by the supplier in preparing the plan up to an amount, not to exceed twenty-five thousand dollars ($25,000) per plan. 10854. No agricultural water supplier shall be required to prepare an agricultural water management plan pursuant to this part unless funds are appropriated by the Legislature for the 1990-91 fiscal year, or before, to reimburse the agricultural water supplier for its costs associated with the plans. 10855. This part shall remain operative only until January 1, 1993, except that, if an agricultural water supplier fails to submit its information report or agricultural water management plan prior to January 1, 1993, this part shall remain operative with respect to that supplier until it has submitted its report or plan, or both.
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