§ 70-7.8. Determination of groundwater charge; establishment of rates; zones; maximum charge; clerical errors.

Sec. 7.8. (a) Prior to the end of the water year in which a hearing is held pursuant to subdivision (b) of Section 7.7, the board shall hold a public hearing, noticed pursuant to Section 6061 of the Government Code, to determine if a groundwater charge should be levied in any zone or zones. If the board determines that a groundwater charge should be levied, it shall levy, assess, and affix such a charge or charges against all persons operating groundwater-producing facilities within the zone or zones during the ensuing water year. The charge shall be computed at a fixed and uniform rate per acre-foot for agricultural water, and at a fixed and uniform rate per acre-foot for all water other than agricultural water. Different rates may be established in different zones. However, in each zone, the rate for agricultural water shall be fixed and uniform and the rate for water other than agricultural water shall be fixed and uniform. The rate for agricultural water shall not exceed one-third of the rate for all water other than agricultural water.

(b)

The groundwater charge in any year shall not exceed the costs reasonably borne by the district in the period of the charge in providing the water supply service authorized by this act in the district or a zone or zones thereof.

(c)

Any groundwater charge levied pursuant to this section shall be in addition to any general tax or assessment levied within the district or any zone or zones thereof.

(d)

Clerical errors occurring or appearing in the name of any person or in the description of the water-producing facility where the production of water therefrom is otherwise properly charged, or in the making or extension of any charge upon the records which do not affect the substantial rights of the assessee or assessees, shall not invalidate the groundwater charge.

(Added by Stats.1965, c. 1798, p. 4168, § 9. Amended by Stats.1983, c. 402, § 3; Stats.1983, c. 402, § 3; Stats.1998, c. 219 (A.B.2135), § 3.)