California Water Code 5009 – (a) (1) Notwithstanding any other provision of this part, …
(a) (1) Notwithstanding any other provision of this part, on and after January 1, 2005, each person who extracts groundwater in a board-designated local area, and who is otherwise subject to this part, shall file the required notice with the appropriate local agency designated pursuant to subdivision (e), instead of the board, in accordance with this part. The notice shall be on a form provided by the local agency and the content of the form shall be determined by the local agency in accordance with Section 5002. To the extent possible, the form shall consolidate the notice required under this section with other reports required by the local agency relating to the extraction of groundwater.
(2) A person who is subject to this section is subject to this part in the same manner and to the same extent as a person who files his or her notice with the board.
Terms Used In California Water Code 5009
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means all persons whether natural or artificial, including the United States of America, the State of California, and all political subdivisions, districts, municipalities and public agencies of or in either the State or the United States. See California Water Code 5000
- Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Water Code 10
(b) Each notice filed with the local agency may include a filing fee determined by the local agency. If the local agency chooses to impose a filing fee, the local agency shall calculate the amount of the fee to pay for administrative expenses incurred in connection with the processing, compiling, and retaining of the notices, but in no event shall the fee amount exceed that amount charged by the board pursuant to Section 5006.
(c) The local agency shall make available to governmental agencies the information collected pursuant to this section.
(d) For the purposes of this section:
(1) “Board-designated local area” means the area entirely within the jurisdiction of the local agency that the board has determined shall be subject to this section, and any area for which the local agency has formally agreed to accept the required notice.
(2) “Local agency” means the local public agency or court appointed watermaster that has been designated by the board in accordance with subdivision (e).
(e) The board shall designate an entity as a local agency for the purposes of this section, if the board determines that all of the following apply:
(1) The entity has volunteered to be designated.
(2) The entity has responsibilities relating to the extraction or use of groundwater.
(3) The entity has made satisfactory arrangements with the board to identify which groundwater extractors are within the designated local area and to avoid the submission of notices to both the board and one or more local agencies.
(4) The entity has made satisfactory arrangements with the board to maintain records filed under this part for extractions within the designated local area, and to make those records available to governmental agencies.
(Amended by Stats. 2006, Ch. 374, Sec. 1. Effective January 1, 2007.)