What is the procedural mechanism of enforcing water law?

Enforcing water law in California requires a procedural mechanism to ensure compliance with laws and regulations. This mechanism allows all stakeholders to have a voice in water management and apportionment. The procedure begins when an individual or entity believes that its rights under California water law are being violated. It can file a complaint with the State Water Resources Control Board (SWRCB), which is the state’s primary water regulatory agency. The complaint will be evaluated by the board’s staff, who will determine whether there is a legal violation and if the complaint should be investigated further. If the board finds that a violation has occurred, it can undertake administrative actions to resolve the problem. It may order the parties to take corrective action, assess fines, or issue a permanent or temporary water right. In some cases, the SWRCB may refer the complaint to a court or administrative hearing officer, who will hold a hearing to consider evidence and testimony. After the hearing, the judge or hearing officer will make a determination as to whether or not a violation has occurred. If a violation is found, the court or hearing officer may issue a binding order requiring corrective action. Finally, the SWRCB or court may refer the case to a court of law for a trial and judgment. If a violation is found, the defendant may be ordered to pay damages and/or to take corrective action. These steps provide a procedural mechanism for enforcing water law in California and ensure that all stakeholders have a voice in water management and apportionment.

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