Hearings Program: Administrative Civil Liability for Failure to File an Annual Water Use Report for 2015

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.)

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.

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 July 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.)

These reports must be filed electronically using the Report Management System — a component of the electronic Water Right Information Management System. Water Code, sections 5107 and 1846, allows the State Water Board to impose administrative civil liability against any person who fails to file a required statement, 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. For failed reporting of supplemental statements of water diversion and use, the Board may impose administrative civil liability in the amount of $1000 and $500 per day for each day in which the violation occurs after the Board has called the violation to the attention of the person. The Board may impose administrative civil liability in the amount of $500 per day for each day in which the violation occurs for violations of a regulation or order adopted by the Board or who violates a term or condition of a water right permit, license, registration, or certificate.

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