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II. Appointment of Watermaster; Watermaster Administrative Provisions.
Department of Water Resources of the State of California is hereby appointed Watermaster, for an indefinite term, but subject to removal by the Court, to administer this judgment and shall have the following powers, duties and responsibilities.
- Duties, Powers and Responsibilities of Watermaster.
In order to assist the Court in the administration and enforcement of the provisions of this judgment and to keep the Court fully advised in the premises, the Watermaster shall have the following duties, powers and responsibilities in addition to those before or hereafter provided in this judgment:
- Watermaster May Require Reports, Information, and Records.
To require of parties the furnishing of such reports, information and records as may be reasonably necessary to determine compliance or lack of compliance by any party with the provisions of this judgment.
- Requirement of Measuring Devices.
To require all parties or any reasonable classification of parties owning or operating any facilities for the extraction of ground water from Central Basin to install and maintain at all times in good working order at such party's own expense, appropriate measuring devices at such times and as often as may be reasonable under the circumstances and to calibrate or test such devices.
- Inspections by Watermaster.
To make inspections of ground water production facilities and measuring devices at such times and as often as may be reasonable under the circumstances and to calibrate or test such devices.
- Annual Report.
The Watermaster shall prepare, file with the Court and mail to each of the parties on or before the 15th day of the fourth month following the end of the preceding Administrative year, an annual report for such year, the scope of which shall include but not be limited to the following:
- 1. Ground Water Extractions
- 2. Exchange Pool Operation
- 3. Use of Imported Water Resources
- 4. Violations of Judgment and Corrective Action Taken
- 5. Change of Ownership of Total Water Rights
- 6. Watermaster Administration Costs
- 7. Recommendations, if any.
- Annual Budget and Appeal Procedure in Relation Thereto.
The Watermaster shall annually prepare a tentative budget for each Administrative year stating the anticipated expense for administering the provisions of this judgment.
The Watermaster shall mail a copy of said tentative budget to each of the parties hereto at least 60 days before the beginning of each Administrative year.
For the first Administrative year of operation under this judgment, if the Watermaster is unable to meet the above time requirement, the Watermaster shall mail said copies as soon as possible.
If any party hereto has any objection to said tentative budget, it shall present the same in writing to the Watermaster within 15 days after the date of mailing of said tentative budget by the Watermaster.
If no objections are received within said period, the tentative budget shall become the final budget.
If objections are received, the Watermaster shall, within 10 days thereafter, consider such objections, prepare a final budget and mail a copy thereof to each party hereto, together with a statement of the amount assessed to each party.
Any party may apply to the Court within 15 days after the mailing of such final budget for a revision thereof based on specific objections thereto.
The parties hereto shall make the payments otherwise required of them to the Watermaster even though such a request for revision has been filed with the Court.
Upon any revision by the Court the Watermaster shall either remit to the parties their pro rata portions of any reduction in the budget, or credit their accounts with respect to their budget assessments for the next ensuing Administrative year, as the Court shall direct.
The amount to be assessed to each party shall be determined as follows:
If that portion of the final budget to be assessed to the parties is equal to or less than $20.00 per party then the cost shall be equally apportioned among the parties.
If that portion of the final budget to be assessed to parties is greater than $20.00 per party then each party shall be assessed a minimum of $20.00.
The amount of revenue expected to be received through the foregoing minimum assessments shall be deducted from that portion of the final budget to be assessed to the parties and the balance shall be assessed to the parties having Allowed Pumping Allocations, such balance being divided among them proportionately in accordance with their respective Allowed Pumping Allocations.
Payment of the assessment provided for herein, subject to adjustment by the Court as provided, shall be made by each such party prior to beginning of the Administrative year to which the assessment relates, or within 40 days after the mailing of the tentative budget, whichever is later.
If such payment by any party is not made on or before said date, the Watermaster shall add a penalty of 5% thereof to such party's statement.
Payment required of any party hereunder may be enforced by execution issued out of the Court, or as may be provided by order hereinafter made by the Court, or by other proceedings by the Watermaster or by any party hereto on the Watermaster's behalf.
Any money unexpended at the end of any Administrative year shall be applied to the budget of the next succeeding Administrative year.
Notwithstanding the above, no part of the budget of the Watermaster shall be assessed to the Plaintiff District or to any party who has not extracted water from Central Basin for a period of two successive Administrative years prior to the Administrative year in which the tentative budget should be mailed by the Watermaster under the provisions of this subparagraph (e).
- Rules.
The Watermaster may adopt and amend from time to time such rules as may be reasonably necessary to carry out its duties, powers and responsibilities under the provisions of this judgment.
The rules shall be effective on such date after the mailing thereof to the parties as is specified by the Watermaster, but not sooner than 30 days after such mailing.
- Use of Facilities and Data Collected by Other Governmental Agencies.
The Watermaster is directed not to duplicate the collection of data relative to conditions of the Central Basin which is then being collected by one or more governmental agencies, but where necessary the Watermaster may collect supplemental data.
Where it appears more economical to do so, the Watermaster is directed to use such facilities of other governmental agencies as are available to it under either no cost or cost agreements with respect to the receipt of reports, billings to parties, mailings to parties, and similar matters.
- Appeal from Watermaster Decisions Other Than With Respect to Budget.
Any party interested therein who has objection to any rule, determination, order or finding made by the Watermaster, may make objection thereto in writing delivered to the Watermaster within 30 days after the date the Watermaster mails written notice of the making of such rule, determination, order or finding, and within 30 days after such delivery the Watermaster shall consider said objection and shall amend or affirm his rule, determination, order or finding and shall give notice thereof to all parties.
Any such party may file with the Court within 30 days from the date of said notice any objection to such rule, determination, order or finding of the Watermaster and bring the same on for hearing before the Court at such time as the Court may direct, after first having served said objection upon all other parties.
The Court may affirm, modify, amend or overrule any such rule, determination, order or finding of the Watermaster.
The provisions of this paragraph shall not apply to budgetary matters, as to which the appellate procedure has heretofore been set forth.
Any objection under this paragraph shall not stay the rule, determination, order or finding of the Watermaster.
However, the Court, by ex parte order, may provide for a stay thereof on application of any interested party on or after the date that any such party delivers to the Watermaster any written objection.
- Effect of Non-Compliance by Watermaster With Time Provisions.
Failure of the Watermaster to perform any duty, power or responsibility set forth in this judgment within the time limitation herein set forth shall not deprive the Watermaster of authority to subsequently discharge such duty, power or responsibility, except to the extent that any such failure by the Watermaster may have rendered some otherwise required act by a party impossible.
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