Cal. Water Code § 1846
Enforcement
Redline — January 1, 2013 → current.View current text →
Current — January 1, 2025
As of January 1, 2013
(a) A person or entity may be liable for a violation of any of the following in an amount not to exceed five hundred dollars ($500) for each day in which the violation occurs: (1) A term or condition of a permit, license, certificate, or registration issued under this division. (2) A regulation adopted by the board under Section 1058.5 or an order adopted by the board.
(a) A person or entity may be liable for a violation of any of the following in an amount not to exceed one thousand dollars ($1,000) for each day in which the violation occurs: (1) A term or condition of a permit, license, certificate, or registration issued under this division. (2) A regulation or order adopted by the board. (3) A condition or reporting requirement for the diversion of floodwaters for groundwater recharge under Section 1242.1.
(b) For a violation described in paragraph (2) of subdivision (a) that constitutes the diversion of water contrary to a curtailment order adopted by the board, a person or entity may be liable in an amount not to exceed the following:
(1) Ten thousand dollars ($10,000) for each day in which the violation occurs.
(2) Two thousand five hundred dollars ($2,500) for each acre-foot of water diverted in violation of the curtailment order, beginning on the first day on which the violation occurs.
(c) Civil liability may be imposed by the superior court. The Attorney General, upon the request of the board, shall petition the superior court to impose, assess, and recover those sums.
(d) Civil liability may be imposed administratively by the board pursuant to Section 1055.
(d) In determining the appropriate amount of civil liability, the court, pursuant to subdivision (b), or the board, pursuant to subdivision (c), may 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) No liability shall be recoverable under this section for any violation for which liability is recovered under Section 1052.
(f) All funds recovered pursuant to this section shall be deposited in the Water Rights Fund established pursuant to Section 1550.
(g) This section applies only in a critically dry year immediately preceded by two or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.