2005 California Water Code Sections 10850-10855 CHAPTER 4. MISCELLANEOUS PROVISIONS

WATER CODE
SECTION 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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