Section 625.6 - Diversion, Drainage, Seepage, or Overflow of Water onto Departmental Right-of-Way(a) It is unlawful for any person to do any of the acts described in subdivision (a), Section 12899.6 of the Water Code.(b) If a notice is given by the Department, in the manner provided in subdivision (b), Section 12899.6 of the Water Code, to any person(s) permitting a condition to exist, as described in subdivision (a), Section 12899.6 of the Water Code, the person(s) shall immediately cease and discontinue the diversion of waters or shall discontinue and prevent the drainage, seepage, or overflow and shall repair, or pay for the repair, of any damage to the State Water Project or the Department's right-of-way. The person(s) to whom the notice is provided may challenge, in a court of competent jurisdiction, the propriety of the determination by the Department.(c) If any person(s) is notified pursuant to subdivision (b), Section 12899.6 of the Water Code and fails, neglects, or refuses to cease and discontinue the diversion, drainage, seepage, or overflow of the waters or to make or pay for the repairs, the Department may make repairs and perform work as it deems necessary to prevent the further damage to the Department's right-of-way or the State Water Project resulting from the diversion, overflow, or seepage of the waters.(d) The Department may recover in an action at law, in any court of competent jurisdiction, the amount expended for those repairs and work, and in addition, the sum of One Thousand Dollars ($1,000) for each day the drainage, diversion, overflow, or seepage of the waters is permitted to continue, after the service of the notice in the manner specified as subdivision (b), Section 12899.6 of the Water Code, together with the costs and expenses, including attorneys fees, incurred in the action.Cal. Code Regs. Tit. 23, § 625.6
1. New section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17). Note: Authority cited: Section 12899.9, Water Code. Reference: Section 12899.6, Water Code.
1. New section filed 4-22-2015; operative 7/1/2015 (Register 2015, No. 17).