Section 1831.  


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  • (a) When the board determines that any person is violating, or threatening to violate, any requirement described in subdivision (d), the board may issue an order to that person to cease and desist from that violation.

    (b) The cease and desist order shall require that person to comply forthwith or in accordance with a time schedule set by the board.

    (c) The board may issue a cease and desist order only after notice and an opportunity for hearing pursuant to Section 1834.

    (d) The board may issue a cease and desist order in response to a violation or threatened violation of any of the following:

    (1) The prohibition set forth in Section 1052 against the unauthorized diversion or use of water subject to this division.

    (2) Any term or condition of a permit, license, certification, or registration issued under this division.

    (3) Any decision or order of the board issued under this part, Section 275, or Article 7 (commencing with Section 13550) of Chapter 7 of Division 7, in which decision or order the person to whom the cease and desist order will be issued, or a predecessor in interest to that person, was named as a party directly affected by the decision or order.

    (e) This article shall not authorize the board to regulate in any manner, the diversion or use of water not otherwise subject to regulation of the board under this part.

(Amended by Stats. 2002, Ch. 652, Sec. 6. Effective January 1, 2003.)