§ 70-7.10. Annual production reports from operators; interest on delinquent amounts; penalties; methods of computation.

Sec. 7.10. After the establishment of a zone in which a ground water charge may be levied, each operator of a water-producing facility which is not measured with a water-measuring device within said zone, until such time as said water-producing facility has been permanently abandoned, may be required to file with the district, on or before the 31st day of January in each year, the statement setting forth the total production in acre-feet of water for the preceding calendar year (excluding the month in which the statement is due), a general description or number locating each water-producing facility and the method or basis of the computation of such water production. If no water has been produced from said water-producing facility during the preceding calendar year, said statement shall be filed as provided for herein, setting forth that no water has been produced during said period. Said statement shall be verified by a written declaration that it is made under the penalties of perjury. The ground water charge is payable to the district on or before the last date upon which the water production statement shall be filed, and is computed by multiplying the production in acre-feet of water for each classification as disclosed in the statement by the ground water charge for each classification of water. At such time as any said water-producing facility has been permanently abandoned, the operator thereof shall give written notice of such abandonment to the district. If any operator of a water-producing facility shall fail to pay the ground water charge when due, the district shall charge interest at the rate of 1 percent each month on the delinquent amount of the ground water charge.

Should any operator of a water-producing facility fail to register each water- producing facility, or fail to file the water production statement as required by this act, the district shall, in addition to charging interest as provided herein, assess a penalty charge against such operator in an amount of 10 percent of the amount found by said district to be due.

The board may, at the time of fixing the ground water charge, establish a method or methods to be used in computing the amount of water produced from a water-producing facility which is not measured by a measuring device. Such methods may be based upon any, or all, or a combination of some of the following criteria: size of water-producing facility discharge opening, area served by the water-producing facility, number of persons served by the water-producing facility, use of land served by the water-producing facility, crops grown on land served by the water-producing facility, or any other criteria which may be used to determine with reasonable accuracy the amount of water produced from such water-producing facility.

(Added by Stats.1965, c. 1798, p. 4169, § 11. Amended by Stats.1967, c. 934, § 6, eff. July 27, 1967.)