§ 1845. — 1845. (Amended by Stats. 2024, Ch. 342, Sec. 2.)

California § 1845.

• Jurisdiction: California
• Code WAT: Water Code - WAT
• Div. 2.: DIVISION 2. WATER
• Part 2.: PART 2. APPROPRIATION OF WATER
• Ch. 12.: CHAPTER 12. Enforcement of Water Rights
• Art. 4.: ARTICLE 4. Enforcement

Text

(a)
Upon the failure of any person to comply with a cease and desist order issued by the board pursuant to this chapter, the Attorney General, upon the request of the board, shall petition the superior court for the issuance of prohibitory or mandatory injunctive relief as appropriate, including a temporary restraining order, preliminary injunction, or permanent injunction.
(b)
(1)
A person or entity who violates a cease and desist order issued pursuant to this chapter may be liable in an amount not to exceed the following:
(A)
If the violation occurs 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, ten thousand dollars ($10,000) for each day in which the violation occurs.
(B)
If the violation is not described by subparagraph (A), two thousand five hundred dollars ($2,500) for each day in which the violation occurs.
(2)
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.
(3)
Civil liability may be imposed administratively by the board pursuant to Section 1055.

Legislative History

Amended by Stats. 2024, Ch. 342, Sec. 2. (AB 460) Effective January 1, 2025.