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(continued)
Note: Authority cited: Section 1058, Water Code. Reference: Sections 183, 1051 and 2650, Water Code.
s 951. Inspection of Records.
No proofs or documents relating thereto shall be taken from the custody of the board prior to filing same with the clerk of the superior court, as provided in Section 2750 of the Water Code. Access to the same, and inspection thereof, will be permitted during regular office hours.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 2625, 2626 and 2750, Water Code.
s 952. Separate Proof for Each Purpose of Use.
s 953. Separate Proof for Each Diversion.
s 954. Single Proof for Claim Initiated Under the Water Commission Act or Water Code.
s 955. Claims to Water Supplied by District or Water Company.
s 956. Divided Interests.
s 957. Undivided Interests.
s 958. General Requirements for Proofs of Claims.
s 959. Specific Requirements for Irrigation Proofs.
s 960. Uses Other Than Irrigation.
s 961. Signature of Deponent.
s 962. Objections.
s 963. Subpoenas.
s 964. Procedure at Hearings.
s 965. Official Notice.
s 966. Evidence by Reference.
s 967. Oral Arguments and Briefs.
s 968. Attorneys or Agents.
s 969. Inspection of Records.
s 1000. Use of Forms.
Notices filed with the board pursuant to Part 5, Division 2, of the Water Code shall be submitted upon forms furnished by the board.
Note: Authority cited: Sections 1052 and 1058, and 5002 and 5008, Water Code. Issuing agency: State Water Rights Board. Additional authority and reference cited: Sections 5006 and 5007, Water Code.
s 1001. Separate Notices.
A separate First Notice and Annual Notice shall be filed for each well or surface diversion.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 5101, 5102 and 5104, Water Code.
s 1002. Contents of Notices.
The notices shall contain the available information required by the forms provided by the board and shall be prepared in accordance with the instructions contained therein.
Note: Authority cited: Section 1058, Water Code. Reference: Section 5103, Water Code.
s 1010. Filing Fees.
Notices of ground water extraction or surface water diversions shall be accompanied by a filing fee required by section 1070 of this division.
Note: Authority cited: Sections 1058, 1530 and 5006, Water Code. Reference: Sections 1529 and 5006, Water Code.
s 1011. Effect of Failure to Pay Filing Fees.
Notices not accompanied by the required fees will not be accepted for filing.
Note: Authority cited: Sections 1058 and 5006, Water Code. Reference: Section 5006, Water Code.
s 1012. Investigation Charges.
Requests for investigations and determinations under Section 5007 of the Water Code shall be accompanied by a payment of twenty-five dollars ($25). The board will then estimate the total cost of the investigation and determination, and will send a statement thereof to the applicant. Any part of such estimate in excess of twenty-five dollars ($25) must be paid before the investigation is commenced. The estimated total cost of the investigation and determination shall not be exceeded by more than 20 percent without prior notice to the applicant and until his written consent to proceed is obtained and such further payment as the board requires is received.
Note: Authority cited: Section 1058, Water Code. Reference: Section 5007, Water Code.
s 1020. Notice of Investigation.
After a request for an investigation and determination of facts pursuant to Section 5007 of the Water Code has been received and the estimated cost has been paid, all persons known to have a direct interest in the matter will be notified of the pendency of the investigation and that they are allowed 30 days within which to submit relevant information concerning the facts to be determined.
Note: Authority cited: Section 1058, Water Code. Reference: Section 5007, Water Code.
s 1021. Service of Proposed Findings.
After the board's investigation has been completed, a copy of the proposed findings will be mailed to the person who filed the notice, the person who requested the investigation, and any other person who has submitted information. The proposed findings will be accompanied by a notice that objections to them may be filed within 60 days. The board will specify the persons on whom a copy of any objections shall be served.
Note: Authority cited: Section 1058, Water Code. Reference: Section 5007, Water Code.
s 1022. Hearing.
If deemed advisable by the board, a hearing will be held to determine any facts which are in dispute. The provisions of Subchapter 2, Article 11, insofar as they are applicable, shall govern hearings held pursuant to this subchapter.
Note: Authority cited: Section 1058, Water Code. Reference: Section 5007, Water Code.
s 1023. Further Procedure.
After the time for filing objections has expired, and after any necessary hearing has been held, a draft of the board's finding and determinations will be prepared and mailed to interested persons who have appeared in the proceeding together with a notice of the time when final action will be taken, which time will not be less than 30 days from the date of mailing the notice. Exceptions to the draft may be filed and served on opposing parties prior to the time stated in the notice and will be considered by the board in making its final determination. The board may cause such further investigation to be made as it deems necessary and for such purpose may defer making its final determination.
Note: Authority cited: Section 1058, Water Code. Reference: Section 5007, Water Code.
s 1024. Shortening of Time.
The board may for cause and consistent with Section 5007 of the Water Code shorten any of the times stated in this article.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1020, 1021, 1022 and 1023, Water Code.
Note: Authority cited: Sections 185, 1058 and 1252, Water Code. Reference: Sections 174, 183, 275, 1051, 1243, 1243.5, 1253, 1255, 1257, 13140, 13142 and 13170, Water Code; and Sections 21000, et seq., Public Resources Code.
s 1061. Definitions.
(a) "Annual fee" means a fee for the twelve-month fiscal year beginning July 1 and ending June 30, that is described in sections 1063, 1065, 1066, 1067, and 3833.1 of this title, and that the State Board of Equalization is required to collect pursuant to Water Code section 1537.
(b) "Assessment" means an amount owing as included in a notice of determination or similar billing document issued by the State Board of Equalization to a person identified by the board as owing an annual fee, unpaid fee, or expense.
(c) "Board" means the State Water Resources Control Board.
(d) "Fee payer" means any person liable for the payment of fees or expenses collected pursuant to this chapter.
(e) "Person" means a person, individual, trust, joint stock company, business concern, firm, association, organization, partnership, business trust, corporation, limited liability company, company, or entity or organization capable of holding an interest in real property in California. "Person" also includes a city, county, city and county, district, commission, the state or any department, agency, or political subdivision thereof, interstate body, and the United States, to the extent authorized by federal law.
(f) "Unpaid fee" means any fee provided for under this chapter or chapter 28 of this title that was not timely paid to the board and that the State Board of Equalization is required to collect pursuant to Water Code section 1537.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 19, 25, 1252.5, 1525, 1536, 1537 and 13050(c), Water Code.
s 1062. Filing Fees for Water Right Applications.
(a) A person who files a water right application shall pay to the board a filing fee as follows:
(1)(A) Except as provided in subparagraph (B), the fee for a water right application shall be $1,000, plus $15 for each acre-foot that the applicant seeks to divert in excess of 10 acre-feet. The total fee shall not exceed $410,000, plus any additional fee due pursuant to subparagraphs (2) and (3).
(B) At a facility where a small hydroelectric generating facility meets the criteria for a Class 28 categorical exemption under the California Environmental Quality Act, as established in California Code of Regulations, title 14, section 15328, the fee shall be $1,000.
(2) If a water right application is accompanied by a petition to revise a declaration of fully appropriated stream systems, then $10,000 shall be added to the fee.
(3) If a water right application is accompanied by a petition for assignment of a state-filed application pursuant to Water Code section 10504, then $5,000 shall be added to the fee.
(b) A person who filed a water right application on or after July 1, 2003, and prior to January 1, 2004, shall pay a supplemental filing fee equal to the difference between the filing fee already paid and the amount due pursuant to the regulation in effect on January 1, 2004.
(c) The application filing fee includes a non-refundable $250 initial review fee.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1525 and 1535, Water Code.
s 1063. Annual Fees for Water Right Applications.
Under any of the following circumstances, a water right applicant shall pay an annual fee, as set forth in section 1066:
(a) The diversion of water, the construction of diversion works, or the clearing of land where the diverted water will be used or stored, has been initiated before a permit is issued authorizing the diversion.
(b) The applicant requests the board to delay processing the water right application.
(c) The applicant is a lead agency under the California Environmental Quality Act (CEQA) (commencing with Public Resources Code section 21000) and has not adopted or certified a final environmental document for the project for which the application is filed, as may be required under CEQA, within two years after the board first provides notice of the water right application.
(d) The applicant fails to provide supplemental information requested pursuant to Water Code section 1275 within the time period provided.
(e) The Chief, Division of Water Rights, has determined that a permit may be issued for the project, but the applicant has not paid filing fees required under Public Resources Code section 10005, Fish and Game Code section 711.4, or other law.
Note: Authority cited: Sections 1058 and1530, Water Code. Reference: Sections 1525, 1536 and 1537, Water Code.
s 1064. Filing Fees for Petitions or Requests.
(a) A person who files a petition or a request for release from priority shall pay to the board a filing fee for each water right application, permit or license covered by the petition or request in accordance with this section.
(1) For purposes of calculating the filing fee, a petition to change one or more terms of a single application, permit, license, or other water right shall be considered a single petition, provided that action can be taken on the changes simultaneously, except that a petition for an extension of time shall be considered a separate petition, subject to a separate fee, from a petition to change one or more other terms in a water right. A petitioner requesting changes to more than one application, permit, license, or other water right shall file a separate petition or petitions for each water right and a filing fee shall be required for each petition. A separate filing fee shall be required for each change petition subsequently filed on a water right that is already the subject of a pending petition for change.
(A) Except as provided in subparagraphs (i), (ii), and (iii), the fee for a petition to change the terms of an application, permit or license shall be as follows. The fee shall be a minimum of $1,000. If the total annual amount of diversion sought by the pending application or authorized by the permit or license, as calculated in accordance with section 1066, is greater than 10 acre-feet, then the petitioner shall pay an additional $0.30 for each acre-foot in excess of 10 acre-feet. The total fee shall not exceed $5,150.
(i) The fee for a petition for change pursuant only to Water Code section 1707 shall be $850.
(ii) The fee for a change petition involving a transfer of water pursuant to Water Code section 382, 1701, 1725, or 1735 shall be $2,000, plus $0.30 for each acre-foot that the petitioner seeks to transfer in excess of 10 acre-feet. The fee shall be based on the maximum amount of water proposed to be transferred annually, not the amount of water proposed to be transferred over the entire term of the transfer. The total fee shall not exceed $410,000.
(iii) The fee for a petition for extension of time shall be $1,000.
(2) The fee for a petition to change the point of discharge, place of use, or purpose of use of treated wastewater pursuant to Water Code section 1211 shall be $1,000.
(3) The fee for a request for release from priority of a state-filed application pursuant to Water Code section 10504 shall be $5,000.
(4) The fee for a petition filed pursuant to Water Code section 1228.7 to change the point of diversion or place of use under a registration of an appropriation for small domestic or livestock stockpond use shall be $250.
(b) A person who filed a petition or a request for release from priority on or after July 1, 2003, and prior to January 1, 2004, shall pay a supplemental filing fee equal to the difference between the filing fee already paid and the amount due pursuant to the regulation in effect on January 1, 2004.
(c) The petition filing fee includes a non-refundable $250 initial review fee.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 386, 1525 and 1535, Water Code.
s 1065. Annual Fees for Petitions or Requests.
If any of the following circumstances occurs, a person filing a petition or request for release from priority shall pay an annual fee of $1,000 for each water right application, permit or license covered by the petition or request. This annual fee is in addition to any annual fee required under section 1066.
(a) The person requests the board to delay processing the petition or request.
(b) The person diverts or uses water, before the board approves the requested change, in a manner that is not authorized without approval of the requested change.
(c) The person is a lead agency under the California Environmental Quality Act (CEQA) (commencing with Public Resources Code section 21000) and has not adopted or certified a final environmental document for the project for which the petition or request is filed, as may be required under CEQA, within two years after the board first provides notice of the petition or request.
(d) The person fails to provide supplemental information requested pursuant to Water Code section 1701.3 within the time period provided.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1525, 1536 and 1537, Water Code.
s 1066. Annual Fees for Permits or Licenses.
(a) A person who holds a water right permit or license shall pay a minimum annual fee of $100. If the total annual amount of diversion authorized by the permit or license is greater than 10 acre-feet, then the permittee or licensee shall pay an additional $0.03 for each acre-foot in excess of 10 acre-feet.
(1) For permits or licenses issued prior to the beginning of the year for which the fee is imposed, the board shall calculate annual fees according to the total annual amount of diversion authorized by the permit or license as of the beginning of the year.
(2) The board shall calculate annual fees for permits issued on or after the beginning of the year according to the total annual amount of diversion authorized by the permit as issued by the board.
(b) The board shall calculate the annual fee based on the total annual amount of diversion authorized by the permit or license, without regard to the availability of water for diversion or any bypass requirements or other conditions or constraints that may have the practical effect of limiting diversions but do not constitute a condition of the permit or license that expressly sets a maximum amount of diversion.
(1) If the permit or license does not expressly identify the total annual amount of diversion, the board shall calculate the total annual amount based on the rate of authorized diversion multiplied by the length of time in the authorized season of diversion.
(2) If the permit or license contains an annual diversion limitation that is applicable only to that permit or license, and the limitation is less than the calculated diversion volume, the fee shall be based on the amount specified in the limitation.
(3) If a person holds multiple water rights that contain an annual diversion limitation that is applicable to the combination of those rights, but the person may still divert the full amount authorized under a particular right, then the fee shall be based on the total annual amount for that individual right.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1525, 1536 and 1537, Water Code.
s 1067. Water Leases.
(a) A person who files an application for approval of a water lease agreement pursuant to Water Code section 1025.5 shall pay to the board a filing fee equal to an amount calculated in accordance with the fee schedule in section 1062 of this chapter, except that the fee shall be based on the amount of water proposed to be leased over the entire term of the lease instead of the amount proposed to be diverted per year, and the fee shall not be subject to any limit imposed under that section. The filing fee shall constitute all annual fees for the term of the lease.
(b) A person who provides notice of a water lease to the board shall pay to the State Board of Equalization an annual fee determined by the board pursuant to this subdivision.
(1) When a water district submits a notice to the board under Water Code section 1025, the water district shall include in the notice sufficient information for the board to determine the maximum amount of water to be leased for each year the lease will be in effect. The board shall determine the annual fees for the lease in an amount equal to the fee set forth in section 1062 of this chapter for the first year of the lease, and the fee set forth in section 1062 for each additional year the lease agreement is in effect, except that the fee for each year shall not be subject to any limit imposed under that section. In applying section 1062 to calculate the amount of the fee for the lease, the board shall calculate a separate annual fee for each year based on the amount of water proposed to be leased each year instead of calculating the fee based on the amount of water proposed to be diverted per year.
(2) The water district shall notify the board that it has approved a lease agreement, and shall provide the board a copy of the notice of determination submitted in compliance with the California Environmental Quality Act (commencing with section 21000 of the Public Resources Code), within ten days after the water district approves the lease agreement.
(3) The water lease shall not take effect until the first annual fee is paid, and the water lease shall not continue in effect in any subsequent year unless the annual fee for that year is paid.
(c) The board may collect additional fees to cover its costs of compliance with Water Code sections 1026 and 1029.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1025, 1025.5, 1031 and 1525, Water Code.
s 1068. Registration Fees for Small Domestic and Livestock Stockpond Uses.
(a) A person who registers an appropriation of water for small domestic or livestock stockpond use pursuant to Water Code section 1228.3 shall pay to the board a registration fee of $250.
(b) A person who renews such registration pursuant to Water Code section 1228.5 shall pay to the board a renewal fee of $100.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1228.3, 1228.5 and 1525, Water Code.
s 1069. Proof of Claim.
A person who files a proof of claim under division 2, part 3, chapter 3, article 4 (commencing with section 2575) of the Water Code, shall pay to the board a filing fee of $500.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1528, 1535 and 2850, Water Code.
s 1070. Notice of Extraction and Diversion of Water.
A person who files a notice under division 2, part 5 (commencing with section 4999) of the Water Code, shall pay to the board a filing fee of $115.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1529, 1535 and 5006, Water Code.
s 1071. Hydroelectric Projects.
(a) Except as provided in subdivision (b), a fee imposed under this chapter for an activity involving the diversion or use of water for the purpose of diverting water for hydropower generation shall be calculated as follows:
(1) At a facility licensed, or subject to licensing, by the Federal Energy Regulatory Commission, the fee shall be the greater of either 30 percent of the fee calculated in accordance with the other applicable provisions of this chapter or $100.
(2) At all other hydropower generation facilities, the fee shall be the greater of either 50 percent of the fee calculated in accordance with the other applicable provisions of this chapter or $100.
(b) Subdivision (a) does not apply to the following:
(1) Any permit, license, application, petition or other filing that authorizes or proposes an irrigation use, municipal use, or other consumptive use unless that permit, license, application, petition or other filing is primarily for power use and specifically identifies the consumptive use as an incidental use.
(2) Any fee or portion of a fee imposed pursuant to paragraph (1)(B), (2) or (3) of subdivision (a) of section 1062, subdivision (d) of section 1063, subdivision (d) of section 1065, or section 1069.
(3) Any expense imposed under part 3 (commencing with section 2000) of division 2 of the Water Code or to any fee imposed under chapter 28 of this division.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Section 1525, Water Code.
s 1072. Joint and Several Liability.
If more than one person is liable for a fee under this chapter, then that liability shall be joint and several.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Section 1525, Water Code.
s 1073. Allocation of Fees and Expenses.
(a) The Chief, Division of Water Rights (Division Chief), is delegated the authority to apply Water Code section 1560, subdivision (b).
(b) The Division Chief's determination under Water Code section 1540 whether the United States Bureau of Reclamation (USBR) is likely to decline to pay fees or expenses for projects within the Central Valley Project, and any allocation of those fees or expenses, shall be consistent with the following criteria:
(1) The Division Chief first shall consult with the USBR to ascertain whether the USBR will pay the applicable amount or agree to contractual arrangements that, in the opinion of the Division Chief, provide an adequate substitute for payment of the fee or expense.
(2) If the USBR declines or is likely to decline to pay the fee or expense or to agree to contractual arrangements acceptable to the Division Chief, the Division Chief shall allocate the fee or expense to the USBR'S water supply contractors in accordance with subdivision (b)(2) of Water Code section 1560. The fee or expense for projects of the Central Valley Project shall be prorated among the contractors for the Central Valley Project based on either the contractor's entitlement under the contract or, if the contractor has a base supply under the contract, the contractor's supplemental supply entitlement. This formula is expressed mathematically as follows:
Fee
xi
Feei ----------- FeeUSBR
n
<> xi
i-l
____________________
Where: i= individual contractor x = supplemental water entitlement under the contract or total contract amount if there is no base supply under the contract n= number of contractors Fee USBR = fee or expense apportioned to the USBR for the Central Valley Project
(c) If a fee or expense or portion thereof is allocated, pursuant to subdivision (b)(2) of Water Code section 1560 or subdivision (b) of this section, to an individual water supply contractor that is a federal agency or Indian tribe who has declined, or is likely to decline, to pay the fee or expense, the Division Chief may apply subdivision (b) of Water Code section 1560 to the fee or expense or portion thereof allocated to that contractor.
(d) If a water supply contractor allocated a portion of an annual fee pursuant to subdivision (b)(2) of section 1560 of the Water Code or subdivision (b) of this section successfully petitions the board to reduce or eliminate that allocation, the board's action on the petition shall not provide a basis for recalculation or reapportionment of the annual fee for that fiscal year as apportioned to any other contractor that has not filed a petition for reconsideration of its allocation.
(e) The following definitions apply to this section:
(1) "Base supply" means the amount of water delivered to a water user by USBR from the Central Valley Project that is designated as base supply in a water supply contract between the user and the USBR.
(2) "Supplemental supply entitlement" means the amount of water exceeding base supply delivered from the Central Valley Project to a water user.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1525, 1540 and 1560, Water Code.
s 1074. Administration of Fees and Expenses.
(a) Annual fees shall be imposed based on the fiscal year (July 1 through June 30). Annual fees shall be based on the regulations in effect at the time of assessment. Except as otherwise provided in section 1062, subdivision (b) and section 1064, subdivision (b), filing fees shall be based on the regulations in effect at the time of filing. All references in this chapter to the beginning of the year or to circumstances occurring during the year shall be construed to refer to the fiscal year.
(b) Except as provided in this subdivision, if the circumstances establishing a requirement for payment of an annual fee occur during a year, the entire annual fee shall be imposed for that year, even if those circumstances occur for only a portion of the year. The board may decide not to assess an annual fee if a permittee or licensee requests revocation of the permit or license before the annual fee is assessed and the board determines that revocation likely would be appropriate.
(c) If the identity of a fee payer changes before an assessment is issued, the previous fee payer remains responsible for payment of the assessment, unless the fee payer notifies the board of the name and address of the new fee payer at least 10 days before the assessment is issued. The notice must comply with section 831 of this division, if applicable.
(d) An annual fee shall be due and payable thirty days after the State Board of Equalization issues an assessment.
(e) Expenses and unpaid fees are due on the date that they should have been paid to the board.
(f) Whenever, while acting within the scope of its authority under chapter 8 (commencing with section 1525), part 2, division 2 of the Water Code, the board notifies the State Board of Equalization of an assessment, decision on a petition for reconsideration, decision on a claim for refund, cancellation, or adjustment, the State Board of Equalization shall, without further review, collect, refund, cancel or adjust the assessment or other amount in accordance with the instructions of the board.
(g) If a fee payer files a petition for reconsideration of an assessment with the board pursuant to section 1077 or section 1078 of this chapter, then the fee payer may either (i) timely pay the assessment to the State Board of Equalization and include a request for refund in the petition for reconsideration filed with the board or (ii) postpone payment of the assessment while the petition for reconsideration is pending.
(1) If payment of the assessment is postponed until the board decides the petition for reconsideration, interest will continue to accrue from the date the assessment was initially due at the rate specified in Revenue and Taxation Code section 55042.
(2) The board shall promptly notify the State Board of Equalization of its decision on a petition for reconsideration.
(3) Any amount to be refunded or cancelled shall be credited by the State Board of Equalization on any amounts then due from the person from whom the amount to be refunded or cancelled was collected or by whom it was paid, and the balance shall be refunded to the person, or his or her successors, administrator, or executors.
(h) If the board denies the petition for reconsideration in whole or in part, then the assessment shall become final for purposes of the Fee Collection Procedures Law, part 30 (commencing with section 55001) of division 2 of the Revenue and Taxation Code, thirty days after the State Board of Equalization issues a reassessment implementing the board's decision. Interest shall be due from the date that the assessment was originally due and penalties shall accrue commencing on the date that the reassessment becomes final for purposes of the Fee Collection Procedures Law. This paragraph does not affect the deadline for filing a petition for writ of mandate under section 1126 of the Water Code. For purposes of section 1126 of the Water Code, the board's order or decision on a petition for reconsideration is final on the date that the board issues the order or decision.
(i) Thirty-one days following the date of assessment or reassessment by the State Board of Equalization, amounts assessed by the State Board of Equalization that were not the subject of a timely petition for reconsideration by the board, and amounts that were the subject of a timely petition for reconsideration that have been decided by the board to be owing, shall be treated as final liabilities under the Fee Collection Procedures Law.
(j) A person may not maintain a suit in any court for the recovery of a fee assessed by the State Board of Equalization unless the person has filed a petition for reconsideration in accordance with this chapter and has either paid the fee in accordance with subdivision (d) or pays the fee within 30 days of the issuance of a reassessment of the fee pursuant to subdivision (h). The petition and payment of the fee in accordance with this subdivision constitute a claim for refund within the meaning of section 55242 of the Revenue and Taxation Code.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: California Constitution, Article XIII, Section 32; and Sections 1525, 1535, 1536 and 1537, Water Code.
s 1075. Collection of Fees and Expenses.
(a) The State Board of Equalization shall collect the annual fees established under sections 1063, 1065, 1066, 1067, and 3833.1 of this division, and any unpaid fees or expenses that the board refers to the State Board of Equalization for collection. The expenses that the State Board of Equalization is required to collect pursuant to Water Code section 1537 shall be considered fees for purposes of the Fee Collection Procedures Law, part 30 (commencing with section 55001) of division 2 of the Revenue and Taxation Code. On referral by the board, a person owing a fee or expense that must be collected by the State Board of Equalization is deemed to have registered with the State Board of Equalization for purposes of the Fee Collection Procedures Law and entry into the State Board of Equalization registration system.
(b) The board may request from a fee payer any additional information necessary for the board to determine the appropriate fee or expense or for the State Board of Equalization to collect the fee or expense pursuant to the Fee Collection Procedures Law.
(c) For purposes of collection, the board shall provide the State Board of Equalization with the name and address of the fee payer or the fee payer's authorized representative. The board may designate the person from whom the State Board of Equalization shall collect the fee. The State Board of Equalization's issuance of an assessment to a fee payer's authorized representative shall be deemed to be notice to each fee payer.
(d) The State Board of Equalization may rely on the fee payer information provided by the board until the board notifies the State Board of Equalization of a change in the fee payer's information. A fee payer shall promptly notify the board of any changes or corrections to the fee payer's identifying information. The board shall promptly notify the State Board of Equalization of changes or corrections to the identifying information.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1525, 1535, 1536 and 1537, Water Code.
s 1076. Cancellation for Nonpayment of Fees.
The board may cancel an application, petition, or request for release from priority for failure to pay either a filing fee required under section 1062 or 1064 or an annual fee required under section 1063 or 1065 of this chapter. Before canceling the application, petition, or request, the board first shall notify the fee payer that nonpayment of the fee may result in cancellation of the application, petition or request. If the fee payer does not submit the required fee within 60 days after such notification, the board may cancel the application, petition, or request.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1270, 1271, 1525 and 1535, Water Code.
s 1077. Petition for Reconsideration.
(a) The board's determination that a person is required to pay a fee, or determination regarding the amount of the fee, shall be subject to reconsideration under chapter 4 (commencing with Section 1120) of part 1 of division 2 of the Water Code. Any petition for reconsideration shall be submitted by the fee payer in accordance with that chapter and article 12 (commencing with section 768) of chapter 2 of division 3 of this title. The petition also shall specify why the petitioner believes that no fee is due or how the petitioner believes that the amount of the fee has been miscalculated. A petition for reconsideration of a fee assessed by the State Board of Equalization must include a copy of the notice of assessment.
(b) If the subject of a petition for reconsideration relates to an assessment by the State Board of Equalization, the board's decision regarding an annual fee shall be deemed adopted on the date of assessment by the State Board of Equalization. A petition for reconsideration is timely filed only if the board receives the petition within 30 days of the date the assessment is issued.
(c) The State Board of Equalization shall not accept a petition for reconsideration of the board's determination that a person is required to pay a fee, or the amount of the fee. If the State Board of Equalization receives any petition for reconsideration, it shall promptly forward the petition to the board.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1120 and 1537, Water Code.
s 1078. Objection to Determination of Expenses.
(a) In a proceeding under chapter 3 (commencing with section 2500) of part 3 of division 2 of the Water Code, any objection to the board's collection of a filing fee for proof of claim or of interim or partial payments pursuant to Water Code section 2865, shall be subject to reconsideration under chapter 4 (commencing with Section 1120) of part 1 of division 2 of the Water Code. Any petition by an aggrieved person to the board for reconsideration shall be submitted in accordance with that chapter and article 12 (commencing with section 768) of chapter 2 of division 3 of this title. The petition also shall specify why the petitioner believes that no fee is due or how the petitioner believes that the amount of the fee has been miscalculated.
(b) Any objection to the final determination of expenses, or apportionment thereof, made by the board and filed with the court shall be made in accordance with the provisions of article 13 (commencing with Water Code section 2850) of chapter 3 of part 3 of division 2 of the Water Code.
Note: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1120, 1525 and 2850, Water Code.
s 2050. Petition for Review by State Board.
(a) Any petition by an aggrieved person to the state board for review under Water Code Section 13320(a) of an action or failure to act by a regional board shall be submitted in writing and received by the state board within 30 days of any action or failure to act by a regional board. The petition shall contain the following:
(1) Name, address, telephone number and email address (if available) of the petitioner.
(2) The specific action or inaction of the regional board which the state board is requested to review and a copy of any order or resolution of the regional board which is referred to in the petition, if available. If the order or resolution of the regional board is not available, a statement shall be included giving the reason(s) for not including the order or resolution.
(3) The date on which the regional board acted or refused to act or on which the regional board was requested to act.
(4) A full and complete statement of the reasons the action or failure to act was inappropriate or improper.
(5) The manner in which the petitioner is aggrieved.
(6) The specific action by the state or regional board which petitioner requests.
(7) A statement of points and authorities in support of legal issues raised in the petition, including citations to documents or the transcript of the regional board hearing where appropriate.
(8) A statement that the petition has been sent to the appropriate regional board and to the discharger, if not the petitioner.
(9) A statement that the substantive issues or objections raised in the petition were raised before the regional board, or an explanation of why the petitioner was not required or was unable to raise these substantive issues or objections before the regional board.
(b) Service of a petition may be made by U.S. mail, by hand delivery, by facsimile with hard copy to follow, or via e-mail by prior arrangement. [In the case of service by facsimile, only the petition itself shall be sent. All exhibits shall be included with the hard copy.] The petition must be received by the state board no later than 5:00 p.m. 30 days following the date of the action or inaction by the regional board, except that if the thirtieth day following the date of the action or inaction falls on a Saturday, Sunday, or state holiday, the petition must be received by the state board no later than 5:00 p.m. on the first business day following.
(c) If the action or inaction that is the subject of the petition was taken by the regional board after notice and opportunity to comment, the petition to the state board shall be limited to those substantive issues or objections that were raised before the regional board.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2050.5. Complete Petitions; Responses; Time Limits.
(a) Upon receipt of a petition that complies with section 2050 the state board may either dismiss the petition pursuant to section 2052, or may provide written notification to the petitioner, informing the discharger (if not the petitioner), the regional board, and other interested persons that they shall have 30 days from the date of mailing such notification to file a response to the petition with the state board. The regional board shall file the administrative record within this 30-day period, including a copy of the tape recording of the regional board action, or a transcript, if available. Responses to petitions and any other submissions shall be served concurrently upon the petitioner, the discharger (if not the petitioner) and the regional board, by any method listed in section 2050(b). Any points and authorities filed in response to the petition shall include citations to documents or the transcript of the regional board hearing where appropriate. The time for filing a response or the administrative record may be extended by the state board. Additional submissions will be allowed only upon written request and at the discretion of the state board.
(b) The state board shall review and act on the petition within 270 days from the date of mailing the notification described in (a), unless a hearing is held by the state board. If a hearing is held, the state board shall act on the petition within 330 days from the date of mailing the notification described in (a), or within 120 days of the close of the hearing, whichever is later. If formal disposition is not made by the state board within these time limits the petition is deemed denied. These time limits may be extended for a period not to exceed 60 days with written agreement from the petitioner. The time limits for formal disposition do not apply while action on a petition is held in abeyance, as provided in section 2050.5(d).
(c) The state board may, on its motion, review a regional board's action or failure to act for any reason, including lack of formal disposition by the state board within the time limits provided in (b).
(d) A petition may be held in abeyance at the request or with the agreement of the petitioner.
(1) A request or agreement to hold a petition in abeyance must be in writing and shall be provided to the state board, the regional board, and the discharger, if not the petitioner.
(2) Petitions may be held in abeyance unless the regional board provides reasonable grounds for objection. For petitions challenging the assessment of administrative civil liability or penalties, written agreement from the regional board is required.
(3) The time limit for formal disposition shall be tolled during the time a petition is held in abeyance, and shall recommence running when the petition is removed from abeyance.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2050.6. Supplemental Evidence.
(a) If any person requests that the state board consider evidence not previously provided to the regional board, that person shall provide a statement that additional evidence is available that was not presented to the regional board or that evidence was improperly excluded by the regional board. Any request by a regional board to present additional evidence shall comply with (a)(1) through (3).
(1) The request to present additional evidence and all supporting arguments shall be provided at the time the petition is filed, or as soon as the evidence becomes available thereafter.
(2) The request to present additional evidence shall include a detailed statement of the nature of the evidence and of the facts to be proved. If the evidence was not presented to the regional board, the person requesting consideration of the evidence shall provide a detailed explanation of the reasons why the evidence could not previously have been submitted. If the person presenting the evidence contends that the evidence was improperly excluded, the request shall include a specific statement of the manner in which the evidence was improperly excluded.
(3) If the state board, in its discretion, approves a request to present additional evidence, the proponent must submit the evidence in writing and must also provide it to the petitioner, the discharger (if not the petitioner) and the regional board. The state board may prescribe a time limit for submission of the additional evidence.
(b) The petitioner may request that the state board conduct a hearing to consider testimony, other evidence, and argument. Such request shall be supported by a summary of contentions to be addressed or evidence to be introduced and a showing of why the contentions or evidence have not been previously or adequately presented. A request to conduct a hearing shall be submitted at the time the petition is filed or as soon as possible thereafter.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2051. Defective Petitions.
(a) Upon receipt of a petition that does not comply with Section 2050, the state board shall notify the petitioner of the manner in which the petition is defective and the time within which an amended petition may be filed, unless the petition is dismissed pursuant to section 2052.
(b) If a properly amended petition is not received by the state board within the time allowed, the petition shall be dismissed unless cause is shown for an extension of time.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2052. Action on a Petition.
(a) The state board may:
(1) At any time, refuse to review the action or failure to act of the regional board if the petition fails to raise substantial issues that are appropriate for review, or
(2) After review of all or part of the regional board's records pertaining to the matter, including the transcript of any hearing held by the regional board:
(A) Deny the petition upon a finding that the action or failure to act of the regional board was appropriate and proper or that the petition fails to raise substantial issues that are appropriate for review; or
(B) Set aside or modify the regional board order; or
(C) Direct the regional board to take appropriate action.
(b) The executive director may, on behalf of the state board, refuse to review the action or failure to act of the regional board if the petition fails to raise substantial issues that are appropriate for review. The executive director's refusal to review a petition shall be in writing.
(c) Before taking final action, the state board may, in its discretion, hold a hearing for the purpose of oral argument or receipt of additional evidence or both.
(1) If a hearing is held, the state board shall give reasonable notice of the time and place and of the issues to be considered to the petitioner, the discharger (if not the petitioner), the regional board, any interested persons who have filed a response to the petition pursuant to section 2050.5 and such other persons as the board deems appropriate.
(2) If a hearing is held, the state board in its discretion may require that all interested parties intending to participate shall submit to the state board in writing the name of each witness who will appear, together with a statement of the qualifications of each expert witness, the subject of the proposed testimony, and the estimated time required by the witness to present his direct testimony. The state board may also require that copies of proposed exhibits be supplied to all parties and to the state board.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2052.1. Intervention.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2053. Stay Orders.
(a) A stay of the effect of an action of a regional board shall be granted only if petitioner alleges facts and produces proof of all of the following:
(1) substantial harm to petitioner or to the public interest if a stay is not granted,
(2) a lack of substantial harm to other interested persons and to the public interest if a stay is granted and
(3) substantial questions of fact or law regarding the disputed action.
A petition for a stay shall be supported by a declaration under penalty of perjury of a person or persons having knowledge of the facts alleged. Upon a documented showing by petitioner that the request complies with the prerequisites for a stay, the state board or a member of the state board will hold a hearing. A request for a stay may be denied without a hearing. If a hearing is held, notice shall be given in such manner and to such persons, in addition to the petitioner, as the board deems appropriate.
(b) Nothing in subsection (a) shall preclude the state board from issuing a stay of the effect of an action of a regional board, after hearing, upon its own motion. The requirement of a declaration under penalty of perjury may be waived by the board in case of an emergency.
(c) The state board shall review and act on the request for a stay within 60 days from the date of mailing the notification described in section 2050.5(a). This limit may be extended by written agreement from the petitioner.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2054. Consolidation of Proceedings.
The board may order two or more proceedings which are legally or factually related to be considered or heard together unless any party thereto makes a sufficient showing of prejudice.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
s 2055. Notice of Review.
Whena review is undertaken on the board's own motion, all affected persons known to the board shall be notified and given an opportunity to submit information and comments, subject to such conditions as the board may prescribe. (continued)