2009 California Water Code - Section 1535-1541 :: Article 2. Collection And Enforcement

WATER CODE
SECTION 1535-1541

1535.  (a) Any fee subject to this chapter that is required in
connection with the filing of an application, registration, request
or proof of claim, other than an annual fee required after the period
covered by the initial filing fee, shall be paid to the board.
   (b) If a fee established under subdivision (b) of Section 1525,
Section 1528, or Section 13160.1 is not paid when due, the board may
cancel the application, registration, petition, request, or claim, or
may refer the matter to the State Board of Equalization for
collection of the unpaid fee.

1536.  All annual fees, other than the initial filing fee required
in connection with the filing of an application, registration,
petition, or request, or proof of claim, and all unpaid fees and
expenses referred to the State Board of Equalization for collection
pursuant to subdivision (b) of Section 1535 or Section 2868, shall be
paid to the State Board of Equalization.

1537.  (a) The State Board of Equalization shall collect any fee or
expense required to be paid to the State Board of Equalization under
this chapter.
   (b) (1) The State Board of Equalization shall collect the fees
pursuant to the Fee Collection Procedures Law (Part 30 (commencing
with Section 55001) of Division 2 of the Revenue and Taxation Code).
   (2) Notwithstanding the appeal provisions in the Fee Collection
Procedures Law, a determination by the board that a person or entity
is required to pay a fee, or a determination by the board regarding
the amount of that fee, is subject to review under Chapter 4
(commencing with Section 1120) of Part 1 and is not subject to a
petition for redetermination by the State Board of Equalization.
   (3) Notwithstanding the refund provisions in the Fee Collection
Procedures Law, the State Board of Equalization shall not accept any
claim for refund that is based on the assertion that a determination
by the board improperly or erroneously calculated the amount of a
fee, or incorrectly determined that the person or entity is subject
to the fee, unless that determination has been set aside by the board
or a court reviewing the determination of the board.
   (4) This subdivision shall not be construed to apply Chapter 4
(commencing with Section 1120) of Part 1 to the adoption of
regulations under this chapter or to a determination of expenses
under Part 3 (commencing with Section 2000).
   (c) The board shall provide to the State Board of Equalization the
name and address of each person or entity who is liable for a fee or
expense, the amount of the fee or expense, and the due date.

1538.  In any proceeding pursuant to Section 1052 in which it is
determined that there has been a violation of the prohibition against
the unauthorized diversion or use of water subject to this division,
the board or court, as the case may be, may impose an additional
liability in the amount of any annual fees that would have been
required under this division if the diversion or use had been
authorized by a permit or license to appropriate water.

1539.  If a permit or license holder fails to pay an annual fee
imposed pursuant to subdivision (a) of Section 1525 for a period of
five years, the board may revoke the permit or license in accordance
with the procedures for revocation specified in Section 1241.

1540.  If the board determines that the person or entity on whom a
fee or expense is imposed will not pay the fee or expense based on
the fact that the fee payer has sovereign immunity under Section
1560, the board may allocate the fee or expense, or an appropriate
portion of the fee or expense, to persons or entities who have
contracts for the delivery of water from the person or entity on whom
the fee or expense was initially imposed. The allocation of the fee
or expense to these contractors does not affect ownership of any
permit, license, or other water right, and does not vest any
equitable title in the contractors.

1541.  This article applies to any fee established or required to be
paid under Article 1 (commencing with Section 1525), to any fee or
expense set to cover the expenses of the board under Part 3
(commencing with Section 2000), and to any fee set under Section
13160.1 that is required to be deposited in the Water Rights Fund.


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