Cal. Code Regs. tit. 23, § 1100
Water Right Civil Penalties Adjusted for Inflation.
Effective Jan 1, 2026Register 2026, No. 1Authority cited: Sections 1055.5 and 1058, Water Code. Reference: Sections 1052, 1845, 1846, 1846.5, 1847 and 5107, Water Code.State of California
- (a) The Consumer Price Index for California for All Urban Consumers for June 2025 is 353.044.
(b) Adjustments for inflation are as follows:
(1) Water Code section 1052, subdivision (c)(1)
- (A) The maximum penalty for each day in which the trespass occurs shall remain $1,000.
- (B) The maximum penalty per acre-foot of water diverted or used in excess of the diverter's water right is adjusted to $4,000.
(2) Water Code section 1052, subdivision (c)(2)
- (A) The maximum penalty for each day in which the unauthorized diversion or use occurs is adjusted to $1,000.
(3) Water Code section 1052, subdivision (c)(3)
- (A) The maximum penalty for each day in which the unauthorized diversion or use for unlicensed cannabis cultivation occurs is adjusted to $4,000.
(4) Water Code section 1845, subdivision (b)(1)(A)
- (A) The maximum penalty for each day in which the violation occurs is adjusted to $15,000.
(5) Water Code section 1845, subdivision (b)(1)(B)
- (A) The maximum penalty for each day in which the violation occurs is adjusted to $3,000.
(6) Water Code section 1846, subdivision (a)
- (A) The maximum penalty for each day in which the violation occurs shall remain $1,000.
(7) Water Code section 1846, subdivision (b)
- (A) The maximum penalty for each acre-foot of water diverted in violation of the curtailment order, beginning on the first day on which the violation occurs, is adjusted to $3,000.
(8) Water Code section 1846.5, subdivision (a)(1)
- (A) The maximum penalty for each day in which the violation occurs is adjusted to $15,000.
(9) Water Code section 1846.5, subdivision (a)(2)
- (A) The maximum penalty for each day in which the violation occurs shall remain $1,000.
(10) Water Code section 1847, subdivision (a)(1)
- (A) The maximum penalty for a violation is adjusted to $700, plus $300 for each additional day on which the violation continues if the person fails to correct the violation within 30 days after the board has called the violation to the attention of that person.
(11) Water Code section 1847, subdivision (a)(2)
- (A) The maximum penalty for each acre-foot of water diverted or used in violation of the applicable requirement is adjusted to $3,000.
(12) Water Code section 5107, subdivision (c)(1)
- (A) The maximum penalty for failure to file a statement is adjusted to $2,000, plus $800 per day for each additional day on which the violation continues if the person fails to file a statement within 30 days after the board has called the violation to the attention of that person.
(13) Water Code section 5107, subdivision (c)(2)
- (A) The maximum penalty for a violation resulting from a physical malfunction of a measuring device not caused by the person or any other unintentional misstatement, is adjusted to $400, plus $400 per day for each additional day on which the measuring device continues to malfunction or the misstatement is not corrected if the person fails to correct or repair the measuring device or correct the misstatement within 60 days after the board has called the malfunction or violation to the attention of that person.
(14) Water Code section 5107, subdivision (c)(3)
- (A) The maximum penalty for knowingly tampering with any measuring device or knowingly making a material misstatement in a statement filed under this part, is adjusted to $40,000, plus $2,000 for each day on which the violation continues if the person fails to correct the violation within 30 days after the board has called the violation to the attention of that person.
(15) Water Code section 5107, subdivision (c)(4)
- (A) The maximum penalty for any other violation of Part 5.1 of Division 2 of the Water Code is adjusted to $800, plus $400 for each additional day on which the violation continues if the person fails to correct the violation within 30 days after the board has called the violation to the attention of that person.
Note: Authority cited: Sections 1055.5 and 1058, Water Code. Reference: Sections 1052, 1845, 1846, 1846.5, 1847 and 5107, Water Code.
History
1. New section filed 12-31-2025; operative 1-1-2026. Exempt from the APA and OAL review pursuant to Water Code section 1055.5(a)(3) and submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2026, No. 1).