California Code of Regulations
Title 23 - Waters
Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 4.6 - Watershed Protection and Information
Article 1 - Clear Lake Watershed
Section 1052 - Compliance and Enforcement
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A water right holder or water user must comply with an order issued under this article, all conditions of certification or approval of a petition under this article, and all water right conditions under this article, notwithstanding receipt of more than one order. To the extent of any conflict between applicable requirements, the diverter must comply with the requirements that are the most stringent.
(b) When conducting an inspection to assess a water user's compliance with this article, the State Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure where access is not granted by the property owner.
(c) Failure to meet the requirements of this article or of any order issued thereunder constitutes a violation subject to civil liability pursuant to Water Code section 1846, and an infraction pursuant to Water Code section 1058.5, subdivision (d), each of which can carry a fine of up to the maximum allowed by statute for each day in which the violation occurs.
(d) Nothing in this section will be construed as limiting the enforceability of or penalties available under any other provision of law.
Note: Authority cited: Sections 186, 1058 and 1058.5, Water Code. Reference: Cal. Const., Art. X, § 2; Sections 100, 100.5, 104, 105, 106.3, 109, 187, 275, 1011, 1011.5, 1051, 1052, 1055, 1058, 1058.5, 1253, 1825, 1831, 1846 and 5106, Water Code; National Audubon Society v. Superior Court (1983) 33 Cal.3d 419; and Environmental Law Foundation v. State Water Resources Control Board (2018) 26 Cal.App.5th 844.
