2007 California Water Code Article 9.7. Malaga County Water District

CA Codes (wat:31144.7-31144.79)

31144.7.  In addition to the other powers provided by law, the
Malaga County Water District, Fresno County, shall, within the
boundaries of the district, have all of the following powers and
shall promptly and effectively exercise those powers that are
appropriate for improving water quality and supply, reducing the use
of water, and preventing nuisance, pollution, waste, and
contamination of water:
   (a) To carry on technical and other investigations, examinations,
or tests, of all kinds, make measurements, collect data, and make
analyses, studies, and inspections pertaining to the water supply,
use of water, water quality, nuisance, pollution, waste, and
contamination of water, both within and without the district,
including, but not limited to, those activities related to use of
public, combined, or private septic and septic tank disposal systems.

   (b) To regulate, prohibit, or control the discharge of pollutants,
waste, or any other material into the district's facilities by
requiring dischargers to obtain a permit from the district prior to
any discharge and by prohibiting the discharge of pollutants or other
material which does or may cause a nuisance into the district's
facilities without first obtaining a permit from the district, but if
a federal permit has been issued for the discharge, a permit may be
issued by the district at no fee to the discharger; to require a fee
to be collected prior to the issuance of a discharge permit, if the
amount of the fee does not exceed the cost of issuing the permit; to
require all permitholders to indemnify the district from any and all
damages, penalties, or other expenses imposed on or required of the
district by state or federal agencies due to any discharge by the
permitholders into district facilities.
   (c) To establish compliance with any federal, state, or local law,
regulation, order, or rule relating to water pollution or the
discharge of pollutants, waste, or any other material into the
district's facilities.  For this purpose, any authorized
representative of the district, upon presentation of his or her
credentials or, if necessary under the circumstances, after obtaining
an inspection warrant pursuant to Title 13 (commencing with Section
1822.50) of Part 3 of the Code of Civil Procedure, has the right of
entry to any premises on which a water pollution, waste, or
contamination source is located for the purpose of inspecting the
source, including securing samples of discharges therefrom, or any
records required to be maintained in connection therewith by federal,
state, or local law, regulation, order, or rule.



31144.71.  (a) For the common benefit of the district and for the
purpose of managing the groundwater basin and managing, replenishing,
regulating, and protecting the groundwater supplies within the
district, the Malaga County Water District may exercise any of the
following powers:
   (1) Provide for the conjunctive use of groundwater and surface
water resources within the district.
   (2) Store water in underground water basins or reservoirs within
or outside of the district.
   (3) Exchange water.
   (4) Distribute water to persons in exchange for ceasing or
reducing groundwater extractions.
   (5) Transport, reclaim, purify, treat, inject, extract, or
otherwise manage and control water for the beneficial use of persons
or property within the district and to improve and protect the
quality of groundwater supplies within the district.
   (b) The district may, pursuant to Sections 31020 and 31021, enter
into an agreement or agreements with other public agencies for the
purpose of participating in basinwide groundwater management
activities.



31144.72.  In addition to the other powers provided by law, the
Malaga County Water District may levy and collect fees or charges in
the manner provided for in this division for activities undertaken
pursuant to Section 31144.71.


31144.73.  The district shall biennially prepare a written report on
the district's activities in the protection and augmentation of the
water supplies of the district.  The report shall include, among
other information the board may order, a financial analysis of the
district's water utility system; information as to the present and
future water requirements of the district, the water supply available
to the district, and future capital improvement and maintenance and
operating requirements; a method of financing those requirements; a
recommendation as  to whether or not a groundwater charge should be
levied in any zone or zones of the district during the ensuing water
year and, if any groundwater charge is recommended, a proposal of a
rate per acre-foot for all water other than agricultural water for
the zone or zones.



31144.74.  As used in connection with the groundwater charge
authorized by this article, the following words shall have the
following meanings:
   (a) "District" means the Malaga County Water District.
   (b) "Person," "owner," or "operator" means federal, state, or
local agencies, private corporations, firms, or partnerships, and
individuals or groups of individuals, whether legally organized or
not.  "Owner" or "operator" also means the person to whom a
water-producing facility is assessed by the county assessor, or, if
not separately assessed, the person who owns the land upon which a
water-producing facility is located.
   (c) "Groundwater" means nonsaline water beneath the natural
surface of the ground, whether or not flowing through known and
definite channels.  "Nonsaline water" means water which has less than
1,000 parts of chlorides to 1,000,000 parts of water, both
quantities measured by weight.
   (d) "Production" or "producing" means the extraction or extracting
of groundwater, by pumping or any other method, from shafts,
tunnels, wells (including, but not limited to, abandoned oil wells),
excavations or other sources of groundwater, for domestic, municipal,
irrigation, industrial, or other beneficial use, but does not mean
or include the extraction of groundwater produced in the construction
or reconstruction of a well, or water incidentally produced in a
bona fide mining or excavation operation or water incidentally
produced in the bona fide construction of a tunnel, unless the
groundwater so extracted shall be used or sold by the producer for
domestic, municipal, irrigation, industrial, or other beneficial use.

   (e) "Water-producing facility" means any device or method,
mechanical or otherwise, for the production of water from the
groundwater supplies within the district or a zone thereof.
   (f) "Water production statement" means the certified statement
filed by the owner or operator of a water-producing facility with the
district of the production of groundwater from the facility in a
specified period.
   (g) "Water year" means July 1 of one calendar year to June 30 of
the following calendar year.
   (h) "Agricultural water" means water primarily used in the
commercial production of agricultural crops or livestock.



31144.75.  On the second Tuesday in February of each even-numbered
year, the report shall be delivered to the clerk of the district
board in writing.  The clerk shall publish, pursuant to Section 6061
of the Government Code, a notice of the receipt of the report and of
the public hearing to be held on the second Tuesday in March in a
newspaper of general circulation printed and published within the
district, at least 10 days prior to the date at which the public
hearing regarding the report shall be held.  The notice, among other
information which the district may provide therein, shall contain an
invitation to all operators of water-producing facilities within the
district, or any person interested in the district's activities in
the protection and augmentation of the water supplies of the
district, to call at the offices of the district to examine the
report. A public hearing  shall be held on the second Tuesday of
March of each even-numbered year in the chambers of the board, at
which time any operator of a water-producing facility in the
district, or any person interested in the district's activities in
the protection and augmentation of the water supplies of the
district, may in person, or by representative, appear and submit
evidence concerning the subject of the report.



31144.76.  (a) Prior to the end of the water year in which the
hearing is held, and based upon the findings and determinations at
the hearing, the board shall determine whether or not a groundwater
charge should be levied in any zone or zones.  If the board
determines that a groundwater charge should be levied, the board
shall levy, assess, and affix the charge or charges against all
persons operating water-producing facilities within that zone or
zones during the ensuing water year.  The charge shall be computed at
a fixed and uniform rate per acre-foot for all water other than
agricultural water.  The rates shall be established each year in
accordance with a budget for that year and shall be at a fixed and
uniform rate for all water other than agricultural water.
   (b) Any groundwater charge levied pursuant to this article shall
be in addition to any general tax or assessment levied within the
district or any zone or zones thereof.
   (c) Clerical errors occurring or appearing in the name of any
person or in the description of the water-producing facility where
the production of water therefrom is otherwise properly charged, or
in the making or extension of any charge upon the records which do
not affect the substantial rights of the assessee or assessees, shall
not invalidate the groundwater charge.



31144.77.  (a) After the establishment of a zone in which a
groundwater charge may be levied, each owner or operator of a
water-producing facility within the zone, until such time as the
water-producing facility has been permanently abandoned, shall file
with the district, on or before the 30th day following the end of
collection periods established by the board, a water production
statement setting forth the total production in acre-feet of water
for the preceding collection period, a general description or number
locating each water-producing facility, the method or basis of the
computation of that water production, and the amount of the
groundwater charge based on that computation.  The collection periods
may be established at not greater than a year or less than six
months.  If no water has been produced from the water-producing
facility during a preceding collection period, this statement shall
be filed, setting forth that no water has been produced during that
period.  The statement shall be verified by a written declaration
that it is made under the penalties of perjury.  The groundwater
charge is payable to the district on or before the last date upon
which the water production statements shall be filed, and is computed
by multiplying the production in acre-feet of water for each
classification as disclosed in the statement by the groundwater
charge for each classification of water.  At the time any
water-producing facility has been permanently abandoned, the operator
shall give  written notice of the abandonment to the district.  If
any operator of a water-producing facility fails to pay the
groundwater charge when due, the district shall charge interest at
the rate of 1 percent each month on the delinquent amount of the
groundwater charge.
   (b) If any owner or operator of a water-producing facility fails
to register each water-producing facility, or fails to file the water
production statements as required by this article, the district
shall, in addition to charging interest as provided, assess a penalty
charge against that owner or operator in subdivision (a), an amount
of 10 percent of the amount found by the district to be due.  The
board may adopt regulations to provide that in excusable or
justifiable circumstances the penalty may be reduced or waived.
   (c) When a water-measuring device is permanently attached to a
water-producing facility, the record or production as disclosed by
that water-measuring device shall be presumed to be accurate and
shall be used as the basis for computing the water production of that
water-producing facility in completing the water production
statement, unless it can be shown that the water-measuring device is
not  measuring accurately.
   (d) When a water-measuring device is not permanently attached to a
water-producing facility, the board may establish a method or
methods to be used in computing the amount of water produced from the
water-producing facility.  The methods may be based upon any, or any
combination, of the following criteria:
   (1) The minimum charge sufficient to cover administrative costs of
collection.
   (2) The size of the water-producing facility discharge opening.
   (3) The area served by the water-producing facility.
   (4) The number of persons served by the water-producing facility.

   (5) The use of land served by the water-producing facility.
   (6) Any other criteria which may be used to determine with
reasonable accuracy the amount of water produced from the
water-producing facility.
   (e) The district may levy an annual charge upon a water-producing
facility for which no production has been recorded but which has not
been permanently abandoned, except that this charge shall not exceed
the annual cost to the district of maintaining and administering the
registration of that facility.



31144.78.  Upon good cause shown, an amended statement of water
production may be filed or a correction of the records may be made at
any time within six months of filing the water production statement.
  If pursuant to Section 31144.79, the owner or operator has been
notified of a determination by the district that the production of
water from the water-producing facility is in excess of that
disclosed by the sworn statement covering the water-producing
facility, and that owner or operator fails to protest the
determination in the manner and in the time set forth in Section
31144.79, the owner or operator shall be precluded from later filing
an amended water production statement for that period for the
water-producing facility.



31144.79.  (a) If the district has probable cause to believe that
the production of water from any water-producing facility is in
excess of that disclosed by the sworn statements covering the
water-producing facility, or if no statements are filed covering any
water-producing facility, the district may cause an investigation and
report to be made concerning the production of water from each such
water-producing facility.  The district may fix the amount of water
production from any such water-producing facility at an amount not to
exceed the maximum production capacity of the water-producing
facility.
   (b) After the determination has been made by the district, a
written notice thereof shall be mailed to the person operating the
water-producing facility at the address shown by the district's
records.  The determination made by the district shall be conclusive
on all persons having an interest in the water-producing facility,
and the groundwater charge, interest, and penalties thereon, shall be
paid forthwith, unless that person files with the board within 15
days after the mailing of the notice, a written protest setting forth
the ground or grounds for protesting the amount of production so
fixed. Upon the filing of that protest, the board shall hold a
hearing at which time the total amount of the water production and
the groundwater charge thereon shall be determined, which shall be
conclusive if based upon substantial evidence.  If the water
production statement was filed and the amount disclosed thereon was
paid within the time required under this article, and the board finds
that the failure to report the amount of water actually produced
resulted from excusable or justifiable circumstances, the board may
waive the charge of interest on the amount found to be due.  A notice
of the hearing shall be mailed to the protestant at least 10 days
before the date fixed for the hearing.  Notice of the determination
by the board shall be mailed to each protestant, who shall have 30
days from the date of mailing to pay the groundwater charge,
interest, or penalties provided under this article.
   (c) Notice as required in this section shall be given by deposit
thereof in any postal facility regularly maintained by the government
of the United States in a sealed envelope with postage paid,
addressed to the person on whom it is served at the name and address
disclosed by the records of the district. This service is complete at
the time of deposit.