§ 2556
364 words·~2 min read·
/ca/water-code/2556A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In conducting an investigation pursuant to this chapter, if the board determines in writing that the information provided by the person pursuant to Sections 1840 and 1841 and any regulations adopted by the board pursuant to those sections is inadequate for the board’s investigation, the board may issue an information order to any person or entity that diverts or uses water or claims a water right to prepare and submit to the board any technical or monitoring program reports related to that diversion or use, or to submit any report of the basis for that claimed water right, as the board may specify.
(b)The burden of preparing the report, including costs, shall bear a reasonable relationship to the need for the requested information and the benefits to be obtained from the board receiving that information. In making a request, the board shall do both of the following:
(1)Provide the person to whom the request is directed with a written explanation with regard to the need for the information.
(2)Identify the evidence that supports requiring that person to provide the information.
(c)If the preparation of individual reports would result in a duplication of effort, the board may order any person or entity subject to the order to pay a reasonable share of the cost of preparing reports.
(d)In conducting an investigation pursuant to this chapter, the board may inspect property or facilities where water is claimed to be used, diverted, or conveyed. The board is authorized to obtain an inspection warrant pursuant to the procedure set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure for purposes of an inspection pursuant to this subdivision.
(e)A person or entity who receives an information order shall respond within 75 days of the date of the information order. An information order issued pursuant to this section may include a requirement that the recipient update the information annually while an adjudication is pending. A recipient of an order may request from the board an extension of time to respond to the information order for good cause shown, which request shall not be unreasonably denied.