Section 1052 - Compliance and Enforcement(a) A water right holder or water user must comply with an order issued under this article, all conditions of certification or approval of a petition under this article, and all water right conditions under this article, notwithstanding receipt of more than one order. To the extent of any conflict between applicable requirements, the diverter must comply with the requirements that are the most stringent.(b) When conducting an inspection to assess a water user's compliance with this article, the State Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure where access is not granted by the property owner.(c) Failure to meet the requirements of this article or of any order issued thereunder constitutes a violation subject to civil liability pursuant to Water Code section 1846, and an infraction pursuant to Water Code section 1058.5, subdivision (d), each of which can carry a fine of up to the maximum allowed by statute for each day in which the violation occurs.(d) Nothing in this section will be construed as limiting the enforceability of or penalties available under any other provision of law.Cal. Code Regs. Tit. 23, § 1052
Note: Authority cited: Sections 186, 1058 and 1058.5, Water Code. Reference: Cal. Const., Art. X, § 2; Sections 100, 100.5, 104, 105, 106.3, 109, 187, 275, 1011, 1011.5, 1051, 1052, 1055, 1058, 1058.5, 1253, 1825, 1831, 1846 and 5106, Water Code; National Audubon Society v. Superior Court (1983) 33 Cal.3d 419; and Environmental Law Foundation v. State Water Resources Control Board (2018) 26 Cal.App.5th 844.
1. New section filed 1-22-2024 as an emergency; operative 1/22/2024 (Register 2024, No. 4). The finding of emergency was exempt from OAL review pursuant to Water Code section 1058.5(b). Pursuant to Water Code section 1058.5(c), a Certificate of Compliance must be transmitted to OAL by 1-21-2025 or emergency language will be repealed by operation of law on the following day.