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)
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.
Submitted Requests for Hearing
(click link to go to Project webpage)
|Scheduled Hearing Date||Hearing Status|
|Scheid Vineyards||3/12/19||Hearing Notice Issued|
|Skylawn Memorial Park||2/8/19||Hearing Notice Issued|
|John Grant||--||Cancelled – ACL Withdrawn|
|Donald Krenn||2/8/19||Hearing Notice Issued|
|Ellis Family Enterprises LP||3/12/19||Hearing Notice Issued|
|Jeff Bauer||2/8/19||Hearing Notice Issued|
|Robert A. Lawson||2/8/19||Hearing Notice Issued|
|Billie A. Antipa||--||Cancelled – ACL Withdrawn|
|Sandra Jean Varozza||3/12/19||Hearing Notice Issued|
|Phyllis Brooks||3/11/19||Hearing Notice Issued|
|Lawrence E. Pavese||3/11/19||Hearing Notice Issued|
|Robert H. Waterman Jr||2/8/19||Hearing Notice Issued|
|Baywood Golf & Country Club||2/8/19||Hearing Notice Issued|
|Lake Canyon Mutual Water Co||3/11/19||Hearing Notice Issued|
|Sallie L. Chatteron||2/7/19||Hearing Notice Issued|
|Timothy W. Cusick||2/7/19||Hearing Notice Issued|
|Michael S. Dickey||--||Cancelled – ACL Withdrawn|
|David E. Hopkins||2/7/19||Hearing Notice Issued|
|Brad Erikson||2/7/19||Hearing Notice Issued|
|Walker Land Company||2/7/19||Hearing Notice Issued|
|Ostrom Family Trust||3/12/19||Hearing Notice Issued|
|Delbert L. Mearse||2/7/19||Hearing Notice Issued|
|Garry Gates||3/11/19||Hearing Notice Issued|
|Genz Development Inc.||--||Cancelled – Hearing Request Withdrawn|
|Laura Stehly||3/11/19||Hearing Notice Issued|
|Richard Jennings & MJM Partnership||TBD||Request for Hearing Received|
|Stone House Ranch Properties||3/11/19||Hearing Notice Issued|
|Lewis Evans||TBD||Rescheduling Form Mailed|