1. (a) A diverter must comply with a curtailment order issued under this article, any conditions of certification or approval of a petition under this article, and any water right condition under this article, notwithstanding receipt of more than one curtailment order. To the extent of any conflict between applicable requirements, the diverter must comply with the requirements that are the most stringent.

2. (b) Failure to meet the requirements of this article or of any order issued thereunder constitutes:

   1. (1) a violation subject to civil liability pursuant to Water Code section 1846, and
   2. (2) an infraction pursuant to Water Code section 1058.5, subdivision (d).
3. (c) Nothing in this section shall be construed as limiting the enforceability of or penalties available under any other provision of law.

Note: Authority cited: Sections 1058 and 1058.5, Water Code. Reference: Cal. Const., Art. X, § 2; Sections 275, 1052, 1055, 1058.5, 1825 and 1831, Water Code; and National Audubon Society v. Superior Court (1983) 33 Cal.3d 419.

History

1. New section filed 2-1-2024 as an emergency; operative 2-1-2024 (Register 2024, No. 5). 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section 1058.5(c), a Certificate of Compliance must be transmitted to OAL by 1-31-2025 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 2023, No. 34.

2. New section, including amendment of subsection (b)(2), refiled 1-27-2025 as an emergency; operative 1-27-2025 (Register 2025, No. 5). 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section 1058.5(c), a Certificate of Compliance must be transmitted to OAL by 1-26-2026 or emergency language will be repealed by operation of law on the following day.