California Code of Regulations
Title 23 - Waters
Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 2 - Appropriation of Water
Article 23.5 - Scott River and Shasta River Watersheds Drought Emergency Requirements
Section 875.9 - Penalties

Universal Citation: 23 CA Code of Regs 875.9

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A diverter must comply with a curtailment order issued under this article, any conditions of certification or approval of a petition under this article, and any water right condition under this article, notwithstanding receipt of more than one curtailment order. To the extent of any conflict between applicable requirements, the diverter must comply with the requirements that are the most stringent.

(b) Failure to meet the requirements of this article or of any order issued thereunder constitutes:

(1) a violation subject to civil liability pursuant to Water Code section 1846, and

(2) an infraction pursuant to Water Code section 1058.5, subdivision (d). Each of these can carry a fine of up to five hundred dollars ($500) for each day in which the violation occurs.

(c) Nothing in this section shall be construed as limiting the enforceability of or penalties available under any other provision of law.

Note: Authority cited: Sections 1058 and 1058.5, Water Code. Reference: Cal. Const., Art. X, § 2; Sections 275, 1052, 1055, 1058.5, 1825 and 1831, Water Code; and National Audubon Society v. Superior Court (1983) 33 Cal.3d 419.

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