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Code · California · Water Code

§ 10736

412 words·~2 min read·/ca/water-code/10736

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The board shall adopt or amend a determination or interim plan under Section 10735.2 or 10735.8 in accordance with procedures for quasi-legislative action.
(b)The board shall provide notice of a hearing described in subdivision
(a)of Section 10735.2 or subdivision
(a)of Section 10735.8 as follows:
(1)At least 90 days before the hearing, the board shall publish notice of the hearing on its Internet Web site.
(2)At least 90 days before the hearing, the board shall notify the department and each city, county, or city and county in which any part of the basin is situated.
(A)For the purposes of this paragraph, the terms “board-designated local area” and “local agency” have the same meaning as defined in Section 5009.
(B)At least 60 days before the hearing, the board shall mail or send by electronic mail notice to all persons known to the board who extract or who propose to extract water from the basin, or who have made written or electronic mail requests to the board for special notice of hearing pursuant to this part. If any portion of the basin is within a board-designated local area, the records made available to the board by the local agency in accordance with paragraph
(4)of subdivision
(d)of Section 5009 shall include the names and addresses of persons and entities known to the local agency who extract water from the basin, and the board shall mail or send by electronic mail notice to those persons.
(c)The board shall provide notice of proceedings to amend or repeal a determination or plan under Section 10735.2 or 10735.8 as appropriate to the proceedings, taking into account the nature of the proposed revision and the person likely to be affected.
(1)Except as provided in paragraphs
(2)and (3), Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 2 of Title 2 of the Government Code does not apply to any action authorized pursuant to Section 10735.2 or 10735.8.
(2)The board may adopt a regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 2 of Title 2 of the Government Code setting procedures for adopting a determination or plan.
(3)The board may adopt a regulation applying or interpreting this part pursuant to Section 1530 if the board determines that the emergency regulation is reasonably necessary for the allocation, administration, or collection of fees authorized pursuant to Section 1529.5.
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