Water replenishment districts.

(1) Existing law, the Water Replenishment District Act, provides for the formation of water replenishment districts and grants authority to a water replenishment district relating to the replenishment, protection, and preservation of groundwater supplies within that district. The act generally authorizes a water replenishment district to establish an annual reserve fund in an amount not to exceed $10,000,000 commencing with the 2000–01 fiscal year, and thereafter, as that amount is adjusted annually. The act requires a minimum of 80% of the reserve fund to be expended for water purchases. This bill, until the 2019–20 fiscal year, would eliminate the requirement that a minimum of 80% of the reserve fund be expended for water purchases. The bill would declare the intent of the Legislature to provide the Water Replenishment District of Southern California with the ability to determine the appropriate use of moneys held in its annual reserve fund, and that public records shall help the Legislature determine whether the flexibility provided by this act should be permanently extended beyond the 2019−20 fiscal year. This bill would require a water replenishment district to establish a budget advisory committee, as prescribed, for purposes of reviewing a replenishment assessment and a district's annual operating budget, as specified, thereby imposing a state-mandated local program. The bill would require a water replenishment district to consult with the budget advisory committee, as specified, and to maintain records regarding the recommendations of the budget advisory committee and the final decisions made by the board of the water replenishment district with regard to those recommendations. These provisions would become inoperative on June 30, 2019, and would be repealed on January 1, 2020. (2) The act provides that any operator of a water-producing facility that knowingly fails to register his or her water-producing facility or knowingly fails to file a groundwater production statement, or any other reports or statements required, as specified, in addition to interest due, as prescribed, is liable to the district for a penalty of $150. This bill would provide that the operator is liable to the district for a penalty of $1,000. The bill would delay the application of the increase in the amount of that penalty to an operator of a water-producing facility that is a party to certain litigation involving a water replenishment district until after the litigation is settled or all legal remedies have been exhausted. (3) The act authorizes the superior court of the county in which the major portion of the district lies to issue a temporary restraining order upon the filing by the district with the court of a verified petition or complaint setting forth that the defendant is the operator of a water-producing facility that has not been registered with the district or that the defendant is delinquent in the payment of a replenishment assessment, as specified. This bill would require the court to direct that the district or operator of a water-producing facility be awarded the reasonable attorney's fees and costs relating to a motion seeking injunctive relief under these provisions whenever the district or operator of a water-producing facility prevails on a petition or complaint. The bill would also delay the application of those provisions to an operator of a water-producing facility that is a party to the above-described litigation, as specified above. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.