Section 4002 - Notifications and Responses(a) If preliminary investigation indicates that misuse of water has occurred or is occurring, the department shall notify the appropriate local governmental entity or water supplier with authority to regulate water use. The notification shall request the entity or supplier to take action within a reasonable time set by the department to terminate such misuse of water, or demonstrate to the satisfaction of the department that such misuse has not occurred or is not occurring.(b) In the event the local governmental entity or water supplier fails or is unable to perform the actions set forth in subsection (a) above, within a reasonable time set by the department, the department shall notify the person or persons who are a party to the misuse of water or public nuisance, and may thereafter allow a reasonable period of time in which to terminate such misuse or demonstrate to the satisfaction of the department that such misuse or public nuisance has not occurred or is not occurring.(c) Where such preliminary investigation is conducted by the board, the board shall follow the procedures in subsections (a) and (b) above.(d) If the misuse of water is corrected to the department's satisfaction, or if the department finds that a misuse does not exist, it shall notify the board. The board shall not thereafter conduct a hearing pursuant to Section 4003 unless it has information to believe the misuse has not been corrected, or that a misuse exists, or may occur.Cal. Code Regs. Tit. 23, § 4002
Note: Authority cited: Sections 124, 185, 275, and 1058, Water Code. Reference: California Constitution, Article X, Section 2 and Sections 100, 183, 225- 236, 275, 305, and 1051, Water Code.