2007 California Water Code Chapter 2. Administrative Provisions Generally

CA Codes (wat:1050-1062)

1050.  This division is hereby declared to be in furtherance of the
policy contained in Section 2 of Article X of the California
Constitution and in all respects for the welfare and benefit of the
people of the state, for the improvement of their prosperity and
their living conditions, and the board and the department shall be
regarded as performing a governmental function in carrying out the
provisions of this division.



1051.  The board for the purpose of this division may:
   (a) Investigate all streams, stream systems, portions of stream
systems, lakes, or other bodies of water.
   (b) Take testimony in regard to the rights to water or the use of
water thereon or therein.
   (c) Ascertain whether or not water heretofore filed upon or
attempted to be appropriated is appropriated under the laws of this
State.



1051.5.  In furtherance of its powers and duties under Parts 2
(commencing with Section 1200) and 3 (commencing with Section 2000)
of this division, the board may supervise trial distribution of water
in accordance with agreements and court orders therefor.




1052.  (a) The diversion or use of water subject to this division
other than as authorized in this division is a trespass.
   (b) Civil liability may be administratively imposed by the board
pursuant to Section 1055 for a trespass as defined in this section in
an amount not to exceed five hundred dollars (0) for each day in
which the trespass occurs.
   (c) The Attorney General, upon request of the board, shall
institute in the superior court in and for any county wherein the
diversion or use is threatened, is occurring, or has occurred
appropriate action for the issuance of injunctive relief as may be
warranted by way of temporary restraining order, preliminary
injunction, or permanent injunction.
   (d) Any person or entity committing a trespass as defined in this
section may be liable for a sum not to exceed five hundred dollars
(0) for each day in which the trespass occurs.  The Attorney
General, upon request of the board, shall petition the superior court
to impose, assess, and recover any sums pursuant to this
subdivision.  In determining the appropriate amount, the court shall
take into consideration all relevant circumstances, including, but
not limited to, the extent of harm caused by the violation, the
nature and persistence of the violation, the length of time over
which the violation occurs, and the corrective action, if any, taken
by the violator.
   (e) All funds recovered pursuant to this section shall be
deposited in the Water Rights Fund established pursuant to Section
1550.
   (f) The remedies prescribed in this section are cumulative and not
alternative.



1053.  A full and accurate record of business or acts performed or
of testimony taken by the board and the department in pursuance of
the provisions of this division shall be kept and be placed on file
in the office of the board or the department, as the case may be.



1054.  The board and the department may certify to all of their
official acts and may certify copies of all official documents and
orders filed in their respective offices.  For the purpose of making
such certifications, the board and the department may adopt seals.




1055.  (a) The executive director of the board may issue a complaint
to any person or entity on which administrative civil liability may
be imposed pursuant to Section 1052, Section 1536, Section 1845, or
Section 5107.  The complaint shall allege the act or failure to act
that constitutes a trespass or violation, the provision of law
authorizing civil liability to be imposed, and the proposed civil
liability.
   (b) The complaint shall be served by personal notice or certified
mail, and shall inform the party served that the party may request a
hearing not later than 20 days from the date the party was served.
The hearing shall be before a member of the board as it may specify.

   (c) After any hearing, the member shall report a proposed decision
and order to the board and shall supply a copy to the party served
with the complaint, the board's executive director, and any other
person requesting a copy.  The member of the board acting as hearing
officer may sit as a member of the board in deciding the matter.  The
board, after making an independent review of the record and taking
any additional evidence as may be necessary that could not reasonably
have been offered before the hearing officer, may adopt, with or
without revision, the proposed decision and order.
   (d) Orders setting administrative civil liability shall become
effective and final upon issuance thereof and payment shall be made.



1055.2.  No person or entity shall be subject to both civil
liability imposed under Section 1055 and civil liability imposed by
the superior court under subdivision (d) of Section 1052, Section
1536, or Section 1845 for the same act or failure to act.




1055.3.  In determining the amount of civil liability, the board
shall take into consideration all relevant circumstances, including,
but not limited to, the extent of harm caused by the violation, the
nature and persistence of the violation, the length of time over
which the violation occurs, and the corrective action, if any, taken
by the violator.



1055.4.  After the time for review under Chapter 4 (commencing with
Section 1120) has expired, the board may apply to the clerk of the
appropriate court for a judgment to collect the administrative civil
liability imposed in accordance with Section 1055.  The application,
which shall include a certified copy of the board action, constitutes
a sufficient showing to warrant issuance of the judgment.  The court
clerk shall enter the judgment immediately in conformity with the
application.  The judgment so entered has the same force and effect
as, and is subject to all the provisions of law relating to, a
judgment in a civil action, and may be enforced in the same manner as
any other judgment of the court in which it is entered.




1056.  The board and the department may fix reasonable charges for
publications issued under their respective authorities.



1057.  All fees charged and collected under this chapter shall be
paid, at least once each month, accompanied by a detailed statement
thereof, into the State Treasury.



1058.  The board may make such reasonable rules and regulations as
it may from time to time deem advisable in carrying out its powers
and duties under this code.



1058.5.  (a) This section applies to any emergency regulation
adopted by the board for which the board makes both of the following
findings:
   (1) The emergency regulation is adopted to prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable method
of diversion, of water, to promote wastewater reclamation, or to
promote water conservation.
   (2) The emergency regulation is adopted in response to conditions
which exist, or are threatened, in a critically dry year immediately
preceded by two or more consecutive dry or critically dry years.
   (b) Notwithstanding Sections 11346.1 and 11349.6 of the Government
Code, any findings of emergency adopted by the board, in connection
with the adoption of an emergency regulation to which this section
applies, are not subject to review by the Office of Administrative
Law.
   (c) Any emergency regulation adopted by the board to which this
section applies may remain in effect for up to 270 days, as
determined by the board, and is deemed repealed immediately upon a
finding by the board that due to changed conditions it is no longer
necessary for the regulation to remain in effect.



1059.  The board and the department, as to matters under each of
their respective jurisdictions, may designate one or more of their
employees who shall have authority to certify under their respective
seals all copies of orders, applications, permits, licenses,
certificates, and other records under this division, and to attest
all records, transcripts, evidence, and other original documents
which it is necessary so to authenticate.



1060.  (a) All fees collected by the State Water Resources Control
Board or by a California regional water quality control board, and
deposited in the State Treasury, except funds collected under Part 3
(commencing with Section 2000) of this division, funds received for
trial distribution expenses in connection with the administration of
Section 1051.5, and deposits and payments made pursuant to Section
5007, shall be credited to the appropriation for the support of the
board which is current at the time of the deposit of such fees in the
State Treasury.
   (b) Money deposited with or paid to the board pursuant to Section
1051.5 or 5007 and deposited by the board in the State Treasury is
available for expenditure by the board in accordance with those
sections without regard to fiscal years and irrespective of the
provisions of Section 16304 of the Government Code, and any unused
balance shall be refunded by the board to the person entitled
thereto.



1062.  (a) The Legislature finds and declares as follows:
   (1) The watershed of the San Francisco Bay/Sacramento-San Joaquin
Delta Estuary supplies a large percentage of water used in
California.
   (2) The State Water Resources Control Board and the California
regional water quality control boards are responsible for protecting
all beneficial uses of those waters.  Beneficial uses include those
defined in subdivision (f) of Section 13050.
   (3) The board is engaged in a hearing process to consider
revisions to the water quality standards contained in the existing
water quality control plan for the Sacramento-San Joaquin Delta and
Suisun Marsh and to consider new standards for San Francisco Bay.
   (4) There is a broad diversity of viewpoints regarding appropriate
water quality standards and priorities with respect to the various
beneficial uses.
   (5) Any new or revised standards and plans that derive from the
hearing process will have a substantial impact on the people of
California, and there is significant public interest in these
deliberations.
   (b) It is the intent of the Legislature that the hearing process
shall provide for the involvement of all those who wish to
participate in these deliberations.  It is further the intent of the
Legislature that members of the general public shall have full access
to the proceedings and to all official records of the hearings.
   (c) The board shall lodge one copy of the transcripts of the
hearings referred to in subdivision (a) for inspection and use by the
general public  at the following locations:  the headquarters of the
State Water Resources Control Board in Sacramento; the headquarters
of the regional water quality control boards in Los Angeles, Fresno,
and San Diego; and the headquarters of the Environmental Protection
Agency in San Francisco.  The transcripts shall be updated on a
timely basis throughout the course of the board's bay-delta hearing
process.  At the conclusion of the hearing process, one transcript
shall be maintained at the headquarters of the board in Sacramento.
   (d) The board shall provide for staff services at the headquarters
of the board in Sacramento and at the headquarters at each of the
regional water quality control boards listed in subdivision (c) to
assist the public in utilizing the transcripts and other documents
and to facilitate participation by interested parties in the hearing
process.
   (e) During the course of the board's bay-delta hearing process,
the board shall provide for public access to an electronic data
retrieval system capable of displaying the text of the hearing
transcript at the following locations:  the headquarters of the board
in Sacramento; the headquarters of the regional water quality
control boards in Oakland, Los Angeles, Fresno, Redding, Riverside,
and San Diego; and the headquarters of the Environmental Protection
Agency in San Francisco.