CHAPTER 8. Offenses and Punishment [6425. - 6433.]

Cal. Water Code - WAT 8.

in effect

Cal. Water Code - WAT § 6425. Section 6425.

Every person who violates any of the provisions of this part or of any approval, order, rule, regulation, or requirement of the department is guilty of a misdemeanor and punishable by a fine of not more than two thousand dollars ($2,000) or by imprisonment in the county jail not exceeding six months, or both. In the event of a continuing violation each day that the violation continues constitutes a separate and distinct offense.

Cal. Water Code - WAT § 6426. Section 6426.

Any person who wilfully obstructs, hinders, or prevents the department or its agents or employees from performing the duties imposed by this part or who wilfully resists the exercise of the control and supervision conferred by this part upon the department or its agents or employees is guilty of a misdemeanor and punishable as provided in this article.

Cal. Water Code - WAT § 6427. Section 6427.

Any owner or any person acting as a director, officer, agent, or employee of an owner, or any contractor or agent or employee of a contractor who engages in the construction, enlargement, repair, alteration, maintenance, or removal of any dam or reservoir, who knowingly does work or permits work to be executed on the dam or reservoir without an approval or in violation of or contrary to any approval as provided for in this part, or any inspector, agent, or employee of the department who has knowledge of such work being done and who fails to immediately notify the department thereof is guilty of a misdemeanor and punishable as provided in this article.

Cal. Water Code - WAT § 6428. Section 6428.

(a) Any owner who fails to pay any further fee or any part of a further fee required to be paid pursuant to Section 6305 within the time required shall pay a penalty of 10 percent of the further fee or part of the further fee, plus interest at the rate of one-half of 1 percent per month, or fraction of a month, from the date on which the further fee or the part of the further fee became due and payable to the state until the date of payment. (b) Any owner who fails to pay any annual fee or any part of any annual fee required to be paid pursuant to Section 6307 within the time required shall pay a penalty of 10 percent of the annual fee or part of the annual fee, in addition to the annual fee or part of the annual fee, plus interest at the rate of one-half of 1 percent per month, or fraction of a month, from the date on which the annual fee or the part of the annual fee became due and payable to the state until the date of payment.

Cal. Water Code - WAT § 6429. Section 6429.

(a) The department may impose reservoir restrictions and levy property liens on an owner of a dam who fails to comply with any of the provisions of this part or any approval, order, rule, regulation, or requirement of the department. (b) (1) The department shall post, and update annually, on its Internet Web site a report containing all of the following: (A) The name of each reservoir subject to a restriction imposed pursuant to subdivision (a) and the reservoir’s associated downstream hazard potential classification. (B) The effective date of the reservoir restriction. (C) The reason for the restriction. (D) Any actions, planned or completed, that the dam owner reports to the department to address the restriction. (2) If no reservoir restrictions are in effect, the department shall post this fact on its Internet Web site.

Cal. Water Code - WAT § 6430. Section 6430.

Any person who unlawfully constructs or operates a dam without approval from the department shall pay a fine in the amount of the annual fees and the late penalties that would have been due for the period starting from the date the dam was completed to the date the violation was identified by the department.

Cal. Water Code - WAT § 6431. Section 6431.

An owner of a dam who fails to comply with a department order to prepare an acceptable emergency action plan shall pay the cost and expense incurred by the department to prepare the emergency action plan. The department’s cost and expense shall be recoverable by the state from the owner.

Cal. Water Code - WAT § 6432. Section 6432.

In addition to any penalties imposed by any other law, the department may impose a civil penalty of up to one thousand dollars ($1,000) per day upon any owner of a dam who fails to comply with any provision of this part.

Cal. Water Code - WAT § 6433. Section 6433.

(a) The Attorney General, upon request of the department, shall bring an action in superior court seeking injunctive relief, penalties, fees, costs, or any other remedies available to the department under this division. (b) Any action or proceeding under this division shall be commenced in the superior court in the county that the cause or some part thereof arose, the owner or person complained of has its principal place of business, or the owner or person complained of resides. (c) In any civil action brought pursuant to this division that the department determines there is a threat to human health, safety, or the environment, and seeks a temporary restraining order, preliminary injunction, or permanent injunction, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued, or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without those allegations and proof.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026