Administrative Civil Liability

Hearings Program: Administrative Civil Liability for Failure to File an Annual Water Use Report for 2016-2017

California Code of Regulations identifies requirements for mandatory electronic filing of reports. Reports subject to mandatory electronic filing include: supplemental statements of water diversion and use, Water Right Progress Reports by Permitees, Reports of Licensees, Reports of Registration and Certificate Holders, Notices of Groundwater Extraction and Diversion, and reports filed by watermasters pursuant to Water Code section 5101, subdivisions (d) and (e). (Cal. Code Regs., tit. 23, §910.) These reports must be filed electronically using the Report Management System — a component of the electronic Water Right Information Management System.

California Water Code sections 5100-5107 and California Code of Regulations Title 23 section 920 establish a program generally requiring persons who divert water from a surface stream to file an initial statement of water diversion and use and thereafter annually file supplemental statements of water diversion and use by July 1 of each year. Water Code sections 5107 allows the State Water Board to impose administrative civil liability against any person who fails to file a required statement. Each failed statement can result in an initial liability of up to $1000, plus $500 per day for each additional day in which the violation continues beyond 30 days after the notice of violation.

California Code of Regulations, title 23, sections 925 and 929 generally require permittees and licensees, respectively, to submit an Annual Water Use Report no later than April 1 of each year. (Cal. Code Regs., tit. 23, §§ 925, subd. (b); 929, subd. (b); see also Wat Code, §§ 1840-1841; Office of Admin. Law, Notice of Approval of Emergency Regulatory Action, Matter No. 2016-0310-01, March 21, 2016, pp. 14-16.) Water Code sections 1846 allows the State Water Board to impose administrative civil liability against any person who violates a regulation or order adopted by the Board or who violates a term or condition of a water right permit, license, registration, or certificate. The liability may be up to $500 per day for each day in which the violation occurs.

General Correspondence (applicable to all hearings below)

January 22, 2019 - Letter in response to Prosecution Team's January 7, 2019 correspondence

January 17, 2019 – Revised Hearing Procedures for Hearings Regarding Failure to File Annual Water Use Reports and/or Supplemental Statements

January 7, 2019 - Prosecution Team request for clarification of hearing notice key issue 3 and request to modify deadlines for hearing scheduled for March 11 and 12, 2017

December 31, 2018 - Prosecution Team request to amend hearing procedures for hearings regarding failure to file annual water use reports

Hearing Participation Requirements

Any affected party may request a hearing before the State Water Board. Any such request for hearing must be received or postmarked within 20 days of the date of the issued Notice of Administrative Civil Liability, as required by Water Code section 1055, subdivision (b).

If you wish to request a hearing YOU MUST complete all applicable parts of the Request For Hearing form. Additionally, upon receipt of a Notice of Public Hearing from the State Water Board, YOU MUST complete all applicable parts of the Notice of Intent to Appear (NOI) form and submit the completed NOI form to the State Water Board, as instructed, if you wish for your hearing request to go forward.

• Request For Hearing form
• Notice of Intent to Appear (NOI) form

Submitted Requests for Hearing