2009 California Water Code - Section 1525-1530 :: Article 1. Fee Schedules

WATER CODE
SECTION 1525-1530

1525.  (a) Each person or entity who holds a permit or license to
appropriate water, and each lessor of water leased under Chapter 1.5
(commencing with Section 1020) of Part 1, shall pay an annual fee
according to a fee schedule established by the board.
   (b) Each person or entity who files any of the following shall pay
a fee according to a fee schedule established by the board:
   (1) An application for a permit to appropriate water.
   (2) A registration of appropriation for a small domestic use or
livestock stockpond.
   (3) A petition for an extension of time within which to begin
construction, to complete construction, or to apply the water to full
beneficial use under a permit.
   (4) A petition to change the point of diversion, place of use, or
purpose of use, under a permit or license.
   (5) A petition to change the conditions of a permit or license,
requested by the permittee or licensee, that is not otherwise subject
to paragraph (3) or (4).
   (6) A petition to change the point of discharge, place of use, or
purpose of use, of treated wastewater, requested pursuant to Section
1211.
   (7) An application for approval of a water lease agreement.
   (8) A request for release from priority pursuant to Section 10504.
   (9) An application for an assignment of a state-filed application
pursuant to Section 10504.
   (c) The board shall set the fee schedule authorized by this
section so that the total amount of fees collected pursuant to this
section equals that amount necessary to recover costs incurred in
connection with the issuance, administration, review, monitoring, and
enforcement of permits, licenses, certificates, and registrations to
appropriate water, water leases, and orders approving changes in
point of discharge, place of use, or purpose of use of treated
wastewater. The board may include, as recoverable costs, but is not
limited to including, the costs incurred in reviewing applications,
registrations, petitions and requests, prescribing terms of permits,
licenses, registrations, and change orders, enforcing and evaluating
compliance with permits, licenses, certificates, registrations,
change orders, and water leases, inspection, monitoring, planning,
modeling, reviewing documents prepared for the purpose of regulating
the diversion and use of water, applying and enforcing the
prohibition set forth in Section 1052 against the unauthorized
diversion or use of water subject to this division, and the
administrative costs incurred in connection with carrying out these
actions.
   (d) (1) The board shall adopt the schedule of fees authorized
under this section as emergency regulations in accordance with
Section 1530.
   (2) For filings subject to subdivision (b), the schedule may
provide for a single filing fee or for an initial filing fee followed
by an annual fee, as appropriate to the type of filing involved, and
may include supplemental fees for filings that have already been
made but have not yet been acted upon by the board at the time the
schedule of fees takes effect.
   (3) The board shall set the amount of total revenue collected each
year through the fees authorized by this section at an amount equal
to the revenue levels set forth in the annual Budget Act for this
activity. The board shall review and revise the fees each fiscal year
as necessary to conform with the revenue levels set forth in the
annual Budget Act. If the board determines that the revenue collected
during the preceding year was greater than, or less than, the
revenue levels set forth in the annual Budget Act, the board may
further adjust the annual fees to compensate for the over or under
collection of revenue.
   (e) Annual fees imposed pursuant to this section for the 2003-04
fiscal year shall be assessed for the entire 2003-04 fiscal year.

1528.  Each person or entity who files a proof of claim under
Article 4 (commencing with Section 2575) of Chapter 3 of Part 3 shall
pay a fee according to a fee schedule established by the board. The
board shall adopt the schedule of fees pursuant to Section 1530. The
board shall establish the fees so as to be sufficient on the average
to pay the administrative expenses of the board in processing,
reviewing, and preparing a report on the claims submitted to the
board.

1529.  Each person or entity who files a notice pursuant to Part 5
(commencing with Section 4999) shall pay an annual fee according to a
fee schedule established by the board. The board shall adopt the
schedule of fees pursuant to Section 1530. The board shall set the
filing fees in an amount that is sufficient, on the average, to pay
the administrative expenses of the board in processing, compiling,
and retaining the notices.

1530.  (a) The board shall adopt, by emergency regulation, the
schedules of fees authorized under this article. The emergency
regulation may include provisions concerning the administration and
collection of the fees. The fee schedules may be graduated in
accordance with the number of diversions or the amount of water
involved. The board shall periodically adjust the amount of the fees
specified in the schedule in accordance with this article.
   (b) The emergency regulations adopted pursuant to this section,
any amendment thereto, or subsequent adjustments to the regulations,
shall be adopted by the board in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The adoption of these regulations is an
emergency and shall be considered by the Office of Administrative Law
as necessary for the immediate preservation of the public peace,
health, safety, and general welfare. Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, any emergency regulations adopted by the board,
or any adjustment to an annual fee made by the board pursuant to
this section, shall remain in effect until revised by the board.


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