DIVISION 12. COUNTY WATER DISTRICTS [30000. - 33901.]
Division 12 added by Stats. 1949, Ch. 274.
§§ 30000–33901 · 536 sections
PART 1. INTRODUCTORY PROVISIONS §§ 30000–30068 · 26 sections
CHAPTER 1. Short Title § 30000 · 1 section
- § 30000 This division shall be known and may be cited as the County Water District Law.
CHAPTER 2. Definitions §§ 30010–30027 · 18 sections
- § 30010 Unless the context otherwise requires, the provisions of this chapter shall govern the construction of this division.
- § 30011 The definition of a word applies to any of its variants.
- § 30012 “Include” except when used in relation to the inclusion of land into a district does not necessarily exclude matters not enumerated.
- § 30013 “District” means a county water district formed under the provisions of the County Water District Act or this division.
- § 30014 “Board” means the board of directors of a district.
- § 30015 “Land” except in Chapter 2 of Part 8 means land in the district or proposed district involved.
- § 30016 “President” means the president of the board.
- § 30017 “Secretary” means the secretary of the board.
- § 30018 “Assessee” means the person to whom property is assessed.
- § 30019 “General district election” means the election required to be held in each district on the first Tuesday after the first Monday in November in each…
- § 30020 “Special water district election” means any district election other than a general district election.
- § 30021 “Elector,” “voter,” and “precinct board” have respectively the same meaning as defined in the Elections Code, but an “elector” or “voter” shall also be a…
- § 30022 “Holder of title” includes a holder of evidence of title.
- § 30023 “Property” embraces all real and personal property.
- § 30024 “Works” includes water works, conduits, reservoirs, storage sites, water sheds, machinery, wells, pumps, dams, storage tanks, tunnels, hydrants, meters, works…
- § 30025 “Conduit” includes canals, channels, pipes, ditches, and flumes.
- § 30026 “Operate” includes use, maintain, and repair.
- § 30027 “Street” includes road, alley, avenue, highway, and public way.
CHAPTER 3. General Provisions §§ 30060–30068 · 7 sections
- § 30060 Nothing in this division shall be so construed as repealing or in anywise modifying any other law relating to water or the supply of water to or the…
- § 30062 All land which is now privately owned and situate within the exterior boundaries of any district, but which was public land of the United States or of this…
- § 30063 Whenever by this division a notice is required to be published for a designated number of weeks or once a week for a designated number of weeks, the notice…
- § 30064 Wherever in this division a reference is made to the county in which a district is situated or to any of the officers thereof, such reference, with respect to…
- § 30065 The inclusion in, or annexation or addition to, a county water district, of all or any part of the corporate area of any public corporation or public agency,…
- § 30066 An action to determine the validity of an assessment, or of warrants, contracts, obligations, or evidences of indebtedness pursuant to this division may be…
- § 30068 Districts governed by this division are subject to the provisions of the Uniform District Election Law.
PART 2. FORMATION §§ 30200–30325 · 35 sections
CHAPTER 1. Petition for Formation §§ 30200–30205 · 6 sections
- § 30200 The people of a county or two or more contiguous counties or of a portion of such county or counties, whether the portion includes unincorporated territory or…
- § 30201 The petition for formation shall describe the proposed boundaries of the proposed district and shall pray that it be incorporated into a district.
- § 30202 The petition shall be signed by voters equal in number to at least 10 percent of the voters registered within the boundaries of the proposed district 30 days…
- § 30203 But, if one or more municipal corporations or part thereof is included in the proposed district, the petition shall be signed by at least 10 percent of the…
- § 30204 The petition may consist of any number of separate instruments.
- § 30205 The petition for the formation of a county water district to include all or part of Pleasant Valley, Ventura County, may be signed by either: (a) The number of…
CHAPTER 2. Notice of Hearing on Formation §§ 30230–30232 · 3 sections
- § 30230 The county elections official of the county containing the proposed district shall publish a notice of a hearing on the formation petition once a week for at…
- § 30231 The notice of the hearing on the formation petition shall contain all of the following: (a) The text of the petition, which need be set forth only once even…
- § 30232 No defect in the contents of the petition, the title to or form of the notice, signatures, or lack of signatures thereto shall vitiate the proceedings if the…
CHAPTER 3. Hearing on Formation §§ 30260–30265 · 7 sections
- § 30260 The formation petition shall be presented and considered at a regular meeting of the board of supervisors of the county in which the proposed district is…
- § 30261 At the time stated in the notice of the hearing on the formation petition for its consideration the board of supervisors shall hear the petition and those…
- § 30262 The board of supervisors may adjourn the hearing from time to time, not exceeding four weeks in all.
- § 30263 Upon the hearing of the petition the board of supervisors shall determine whether or not the petition complies with this part and for that purpose shall hear…
- § 30264 On the final hearing the board of supervisors shall make changes in the proposed boundaries of the proposed district as may be deemed advisable and shall…
- § 30264.1 If the board of supervisors at its final hearing determines and finds, for good cause on reasons specified in writing, from the evidence taken at the hearing…
- § 30265 A finding of the board of supervisors in favor of the genuineness and sufficiency of the petition and notice shall be conclusive against all persons except the…
CHAPTER 4. Election on Formation §§ 30290–30297 · 12 sections
- § 30290 If it determines that an election should be held, the board of supervisors shall call and give notice of the election to be held in the proposed district for…
- § 30291 The election shall be held on the next established election date not less than 74 days from the date of the final hearing on the formation petition.
- § 30292 The notice of the formation election shall contain: (a) The date of the election. (b) A description of the boundaries of the proposed district. (c) The name of…
- § 30293 The county clerk shall publish the notice once a week for at least two weeks prior to the formation election in at least one, but not to exceed three,…
- § 30293.1 Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail,…
- § 30293.2 The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled…
- § 30293.3 If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time…
- § 30293.4 The officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and…
- § 30294 At the formation election: (a) The measure “Shall the proposition to form _______ County Water District under the County Water District Law be adopted?” shall…
- § 30295 The election thereupon shall be conducted, the vote canvassed, and the result declared in the same manner as provided by law in respect to general water…
- § 30296 The vote shall be canvassed by the board of supervisors at the next regular meeting which is five or more days after the election.
- § 30297 In case less than a majority of the votes cast in each municipal corporation or part thereof or in the unincorporated territory included in the proposed…
CHAPTER 5. Establishment of District §§ 30320–30325 · 7 sections
- § 30320 If a majority of the votes cast at the election in each municipal corporation or part thereof and in the unincorporated territory included in the proposed…
- § 30321 The county clerk shall immediately cause to be recorded in the office of the county recorder of the county in which the district is situated a certificate…
- § 30321.5 The county clerk shall immediately cause to be filed with the county assessor and the State Board of Equalization a certificate listing all of the following:…
- § 30322 The district shall have been duly incorporated upon the filing of the certificate or a copy of the order declaring the district formed with the county assessor…
- § 30323 From and after the date of the filing with the county assessor and the State Board of Equalization, the district named in the filing is incorporated as a…
- § 30324 No informality in any proceeding, including informality in the conduct of any election, not substantially affecting adversely the legal rights of any citizen…
- § 30325 Any proceeding wherein the validity of the incorporation of a district is denied shall be commenced within three months from the date of the certificate of…
PART 3. INTERNAL ORGANIZATION §§ 30500–30586 · 47 sections
CHAPTER 1. Officers and Employees Generally §§ 30500–30547 · 37 sections
ARTICLE 1. Directors §§ 30500–30516 · 17 sections
- § 30500 Each district shall have a board of five directors each of whom, whether elected or appointed, shall be a voter of the district.
- § 30500.1 (a) Notwithstanding Section 30500, the local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more…
- § 30500.3 Notwithstanding Section 30500, the Board of Directors of the Sawyers Bar County Water District shall adopt a resolution ordering the reduction in the number of…
- § 30501 The directors first elected upon the formation of the district shall hold office pursuant to Section 10505 of the Elections Code.
- § 30502 The term of office of each director other than directors first elected or directors appointed to fill an unexpired term shall be four years.
- § 30503 If a person elected fails to qualify, the office shall be filled as if there were a vacancy in the office.
- § 30504 All vacancies occurring in the office of director shall be filled pursuant to Section 1780 of the Government Code.
- § 30506 Each director elected or appointed shall hold office until his successor qualifies.
- § 30507 Each director shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day’s attendance at meetings of the board or…
- § 30507.1 Each director of the Contra Costa Water District shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day’s…
- § 30508 If a director’s place of residence, as defined in Section 244 of the Government Code, is moved outside district boundaries or outside the boundaries of that…
- § 30509 Before entering upon the duties of his office each director shall take and subscribe the official oath and file it with the secretary.
- § 30510 The oath of office may be taken before the secretary, any member of the board of directors, or any officer authorized by law to administer oaths.
- § 30511 In a county water district formed to include all or part of Pleasant Valley, Ventura County, each member of the board of directors, whether elected or…
- § 30513 Notwithstanding Section 30500 or any other provision of this division, each member of the board of directors of the Canebrake County Water District in San…
- § 30514 If, on or before July 1, 1977, a district has assumed the responsibilities, rights, duties, assets, liabilities, and obligations of a sanitary district, the…
- § 30516 (a) If the Orange County local agency formation commission orders the reorganization of the Capistrano Beach County Water District and the Capistrano Beach…
ARTICLE 2. The Board §§ 30520–30530 · 12 sections
- § 30520 Within 30 days after the election of the first directors and thereafter within 30 days after taking office pursuant to Section 10554 of the Elections Code the…
- § 30521 The board shall: (a) Provide for the time and place of holding its regular meetings. (b) Provide for the manner of calling special meetings.
- § 30522 At its organization meeting the board may transact any business of the district.
- § 30523 The board shall act only by ordinance, resolution, or motion.
- § 30524 A majority of the board shall constitute a quorum for the transaction of business.
- § 30525 No ordinance, resolution, or motion shall be passed or become effective without the affirmative votes of at least a majority of the members of the board.
- § 30525.5 A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
- § 30526 Except where action is taken by the unanimous vote of all directors present and voting, the ayes and noes shall be taken upon the passage of all ordinances,…
- § 30527 The enacting clause of all ordinances passed by the board shall be: “Be it ordained by the board of directors of __________ County Water District as follows:”
- § 30528 All ordinances shall be signed by the president and attested by the secretary.
- § 30529 All legislative sessions of the board shall be public.
- § 30530 The board shall establish rules for its proceedings.
ARTICLE 3. Other Officers and Employees §§ 30540–30547 · 8 sections
- § 30540 (a) The board shall, at its first meeting or as soon thereafter as practicable, appoint by a majority vote a general manager and a secretary. (b) The board…
- § 30541 A director shall not be the general manager, secretary, treasurer, or auditor.
- § 30542 The general manager, secretary, treasurer, and auditor shall each receive the compensation determined by the board and shall serve at its pleasure.
- § 30543 The same person may serve as general manager and secretary, secretary and auditor, or secretary and treasurer.
- § 30544 The board may at any time appoint or employ and prescribe the authorities and duties of other officers, employees, attorneys, and engineers necessary or…
- § 30545 The general manager, secretary, auditor, treasurer, and other employees or assistants of the district, as required by the board, shall each give a bond to the…
- § 30546 Any regular employee of a district who is a deputy sheriff, or who has successfully completed the peace officer training course described in subdivision (a) of…
- § 30547 (a) A district may employ a suitable security force. The employees of the district that are designated by the general manager as security officers shall have…
CHAPTER 2. Board and Officer Activities §§ 30575–30586 · 10 sections
- § 30575 The board is the governing body of the district.
- § 30576 The powers of districts enumerated in this division shall, except as therein otherwise provided, be exercised by the board.
- § 30577 Each member of the board, or the secretary, may administer oaths and affirmations in connection with the taking of testimony at any hearing, investigation, or…
- § 30578 The president shall: (a) Sign all contracts on behalf of the district. (b) Perform other duties imposed by the board.
- § 30579 The secretary shall: (a) Countersign all contracts on behalf of the district. (b) Perform other duties imposed by the board.
- § 30579.5 Notwithstanding the provisions of subdivision (a) of Section 30578 and subdivision (a) of Section 30579, the board may alternatively authorize, subject to such…
- § 30580 The general manager shall: (a) Have full charge and control of the maintenance, operation, and construction of the water works or water-works system of the…
- § 30581 The general manager shall also: (a) Perform other duties imposed by the board. (b) Report to the board in accordance with the rules and regulations as it…
- § 30582 If the board appoints an auditor or treasurer pursuant to Section 30540, the auditor or treasurer shall install and maintain a system of auditing and…
- § 30586 The board of a district in existence on the effective date of this section shall file a certificate with the Secretary of State on or before January 1, 1964,…
PART 4. ELECTIONS §§ 30700–30831 · 20 sections
CHAPTER 1. Elections Generally §§ 30700–30700.6 · 3 sections
- § 30700 The provisions of the Elections Code relating to the qualifications of electors, so far as they may be applicable, shall govern all water district elections…
- § 30700.5 Notwithstanding Section 30021 or any other provision of the law, in the Pleasant Valley County Water District every owner of land within the district, but no…
- § 30700.6 (a) Notwithstanding Section 30021 or any other provision of the law, qualified voters at elections for directors or otherwise in the Sierra Lakes County Water…
CHAPTER 2. Election of Directors §§ 30730–30782 · 15 sections
ARTICLE 1. Creation of Divisions §§ 30730–30735 · 5 sections
- § 30730 The board may, if it deems it to be for the best interest of the district, by resolution submit to the voters at any district election the question whether the…
- § 30731 If the question is submitted to the voters at a general district election, the notices required by Section 12112 of the Elections Code shall contain a…
- § 30733 If the question submitted to the voters of the district pursuant to this article provides for the election of directors by divisions and is approved by a…
- § 30734 If the question submitted to the voters of the district pursuant to this article provides for the election of directors from divisions and is approved by a…
- § 30735 Directors elected by division shall be voters of the divisions by which they are elected.
ARTICLE 3. Preparation for Election §§ 30773–30782 · 10 sections
- § 30773 The provisions of this article shall apply only to the Pleasant Valley County Water District, heretofore formed in Pleasant Valley, Ventura County, and the…
- § 30774 All ballots printed shall be precisely on the same size, quality, tint of paper, kind of type, and color of ink so that without the number it would be…
- § 30775 The names of all candidates printed upon the ballot shall be in type of the same size and style.
- § 30776 A column may be provided on the right-hand side for questions permitted by this division to be voted upon at water district elections.
- § 30777 The order of candidates names on the ballot shall be as provided by the Elections Code.
- § 30778 The county elections official shall cause the ballots to be printed, bound, and numbered as provided in the Elections Code, except as otherwise required in…
- § 30779 The ballots shall contain the list of names and the respective offices as published in the proclamation and shall be in substantially the following form:…
- § 30780 The ballot shall contain the following instruction: “For director vote for (giving number).”
- § 30781 A half-inch square shall be provided at the right of the name of each candidate wherein to mark the cross.
- § 30782 Half-inch spaces shall be left below the printed names of candidates for each office, equal in number to the number of offices to be filled, wherein the voter…
CHAPTER 3. Initiative; Referendum; Recall §§ 30830–30831 · 2 sections
- § 30830 Ordinances may be passed by voters in accordance with Article 1 (commencing with Section 9100) of Chapter 2 of Division 9 of the Elections Code.
- § 30831 Ordinances may be subject to referendum in accordance with Article 2 (commencing with Section 9140) of Chapter 2 of Division 9 of the Elections Code.
PART 5. POWERS AND PURPOSES §§ 31000–31182 · 164 sections
CHAPTER 1. Powers and Purposes Generally §§ 31000–31149.7 · 147 sections
ARTICLE 1. Powers Generally §§ 31000–31016 · 20 sections
- § 31000 County water districts shall be managed under the provisions of this division and may exercise the powers therein expressly granted or necessarily implied…
- § 31001 Each district has the power generally to perform all acts necessary to carry out fully the provisions of this division.
- § 31002 A district has perpetual succession.
- § 31003 A district may adopt a seal and alter it at pleasure.
- § 31004 A district may make contracts and employ labor to carry out the purposes of the district.
- § 31005 A district may have construction or other work performed by contract or may do the work under its own superintendence.
- § 31006 Notwithstanding any other provision of law, any district formed under this division may, by resolution of the board of the district spread on its minutes,…
- § 31007 The rates and charges to be collected by the district shall be so fixed as to yield an amount sufficient to do each of the following: (a) Pay the operating…
- § 31007.5 No district furnishing water for residential use to a tenant shall seek to recover any charges or penalties for the furnishing of water to or for the tenant’s…
- § 31008 A district may provide for the pension of officers or employees and the creation of a special fund for the purpose of paying such pension and the accumulation…
- § 31009 In any district authorized to provide fire protection services, the district board is authorized to enforce the provisions of Sections 4291 to 4296, inclusive,…
- § 31010 Notwithstanding the provisions of Chapter 5.5 (commencing with Section 1450) of Division 2 of the Streets and Highways Code, any district and any county may…
- § 31011 A district may disseminate information to the public concerning the rights, properties, and activities of the district.
- § 31012 If, on or after the effective date of this section, substantially all of a district water system is acquired by another public agency by any method other than…
- § 31013 Notwithstanding any other provision of law, the Mammoth County Water District may operate a propane gas distribution service for residents of the district and…
- § 31013.5 (a) Notwithstanding any other provision of law, the Mammoth Community Water District may acquire property and construct, maintain, operate, sell, and lease…
- § 31014 Subject to the consent of the governing body of the county or city having jurisdiction over the highway or street, the Juniper-Riviera County Water District…
- § 31014.5 The term “irrigation district” as used in Chapter 1046 of the Statutes of 1969 includes a county water district and the Orange County Water District.
- § 31015 The Sierra Lakes County Water District shall not exercise any of the powers and purposes set forth in Article 7 (commencing with Section 31120), Article 8…
- § 31016 (a) In order to enforce the provisions of any ordinance of the district, including an ordinance fixing charges for the furnishing of commodities or services,…
ARTICLE 2. Water §§ 31020–31035.1 · 32 sections
- § 31020 A district may do any act necessary to furnish sufficient water in the district for any present or future beneficial use.
- § 31021 A district may store water for the benefit of the district, conserve water for future use, and appropriate, acquire, and conserve water and water rights for…
- § 31022 A district may operate water rights, works, property, rights, and privileges useful or necessary to convey, supply, store, or make use of water for any purpose…
- § 31023 A district may sell water or the use thereof for any useful purpose and whenever there is a surplus, dispose of the surplus to municipalities, public agencies,…
- § 31024 A district may establish rules and regulations for the sale, distribution, and use of water and may therein provide that water shall not be furnished to…
- § 31025 The district shall fix and through the general manager collect the water rates.
- § 31026 A district shall have the power to restrict the use of district water during any emergency caused by drought, or other threatened or existing water shortage,…
- § 31027 (a) A district may prescribe and define by ordinance the restrictions, prohibitions, and exclusions. Every such ordinance shall be in full force and effect…
- § 31028 A district shall have power to make findings upon each and all of the matters referred to in Section 31026. A finding by the board of directors upon the…
- § 31029 After the publication or posting of any ordinance as provided in Section 31027, it is a misdemeanor for any person to use or apply water received from the…
- § 31029.1 (a) An ordinance to require water conservation and to prevent waste which is adopted by a district which includes territory in Monterey County may provide that…
- § 31030 (a) The Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code) is applicable to…
- § 31031 A district may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix, on or before the first day of July in…
- § 31031.6 Notwithstanding Sections 31031 and 31032.1 in the Coachella Valley Water District, the water standby or availability charge or assessment shall not exceed…
- § 31031.7 Notwithstanding Sections 31031 and 31032.1, the water standby or availability charge or assessment in the Twentynine Palms Water District shall not exceed…
- § 31031.8 Notwithstanding any other provision of this division, the Tuolumne Regional Water District may, pursuant to the notice, protest, and hearing procedures in…
- § 31032 In case any water standby charge remains unpaid on the first day of the month before the month in which the board of supervisors of the county in which the…
- § 31032.1 A district may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix, as an alternative to the charge…
- § 31032.2 The secretary shall cause notice of the filing of the report and of a time and place of hearing thereon to be published, pursuant to Section 6066 of the…
- § 31032.3 At the time stated in the notice, the board shall hear and consider all objections or protests, if any, to the report referred to in the notice and may…
- § 31032.4 On or before the 10th day of August of each year following such final determination, the secretary shall file with the county auditor a copy of the report with…
- § 31032.5 The amount of the assessments shall constitute a lien against the lot or parcel of land against which the assessment has been imposed as of noon on the first…
- § 31032.6 The county tax collector or district collector shall include the amount of the assessments on bills for taxes levied against the respective lots and parcels of…
- § 31032.7 In the event a district does not elect to collect such assessments with the general taxes of the district, it may issue separate bills payable in the time and…
- § 31032.8 A district may provide for a basic penalty of not more than 6 percent for nonpayment of the assessment within the time and in the manner prescribed by it, and…
- § 31032.9 Any district may make the election specified in Section 31032.1 with respect only to delinquent assessments and may do so by preparing and filing the written…
- § 31032.10 (a) Notwithstanding any other provision of this division, the Yorba Linda County Water District may, pursuant to the notice, protest, and hearing procedures in…
- § 31032.12 (a) Notwithstanding any other provision of this division, the Yorba Linda County Water District may, pursuant to the notice, protest, and hearing procedures in…
- § 31033 A district may drain and reclaim lands within the district either by surface or underground works or both; and may acquire, by appropriation or other lawful…
- § 31034 If a public utility subject to the control and regulation of the Public Utilities Commission petitions the Public Utilities Commission to extend its water…
- § 31035 A district may undertake a water conservation program to reduce water use and may require as a condition of new service that reasonable water-saving devices…
- § 31035.1 A district which includes territory in Monterey County and which has adopted an ordinance to require water conservation and to prevent waste, may provide that…
ARTICLE 3. Property Generally §§ 31040–31054 · 12 sections
- § 31040 A district may take any property necessary to carry out the business of the district by grant, purchase, gift, devise, condemnation, or lease with or without…
- § 31041 A district may hold, use, enjoy, lease, or dispose of property within or without the district necessary to the full exercise of its powers.
- § 31042 A district may construct, purchase, lease, or otherwise acquire works, water rights, land, rights, and privileges useful or necessary to convey, supply, store,…
- § 31045 A district may, on terms and conditions agreed upon by the board and the board of directors of a municipal water district formed pursuant to the Municipal…
- § 31046 A district may sell or lease the mineral or hydrocarbon rights in any land belonging to it when deemed by the board for the best interest of the district.
- § 31047 A district may control, distribute, store, spread, sink, treat, purify, recapture and salvage any water, including sewage and storm waters, for the beneficial…
- § 31048 A district may cooperate, act in conjunction and contract with the State of California or any agency thereof, municipalities, public and private corporations…
- § 31049 A district may make and perform any agreement with the State of California or any agency thereof, any public or private corporation of any kind, and any…
- § 31051 A district may acquire by any means stock of any mutual water company or corporation for the purpose of furnishing a supply of water for public, municipal or…
- § 31052 The North Marin County Water District may purchase devices for generation of energy from solar radiation and may resell such devices for use within the…
- § 31053 No publicly owned utility shall commence to provide any service for, on, or to any land within a county water district which is subject to the lien of a…
- § 31054 No publicly owned utility shall commence to provide any water service for, on, or to any land within a county water district which is subject to a lien of an…
ARTICLE 4. Construction on Rights of Way §§ 31060–31062 · 3 sections
- § 31060 A district may construct any works along, under, or across any street, water course, railway, or conduit in a manner that will afford security for life and…
- § 31061 Every company whose right of way is intersected or crossed by works of the district shall unite with the district in forming the intersections and crossings…
- § 31062 The right is hereby granted to locate, construct, and maintain any of the works of a district on any land which is now or hereafter owned by the State, and a…
ARTICLE 5. Controversies §§ 31080–31088 · 5 sections
- § 31080 A district may sue and be sued, except as otherwise provided in this division or by law, in all actions and proceedings in all courts and tribunals of…
- § 31081 A district may commence, maintain, intervene in, compromise, and assume the costs of any action or proceeding involving or affecting the ownership or use of…
- § 31082 A district may commence, maintain, intervene in, defend, and compromise actions and proceedings to prevent interference with or diminution of the natural flow…
- § 31084 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
- § 31088 The district may employ counsel to defend any action or proceeding brought against it on account of any injury, taking, damage, or destruction, or to defend as…
ARTICLE 6. Sewer Facilities §§ 31100–31106 · 12 sections
- § 31100 A district may acquire, construct, and operate facilities for the collection, treatment and disposal of sewage, waste and storm water of the district and its…
- § 31101 The district may prescribe, revise and collect rates or other charges for the services and facilities furnished pursuant to this article.
- § 31101.5 A district may supply sewage and waste services to property not subject to district taxes at special rates, terms, and conditions as are determined by the…
- § 31102 The district may provide that such rates or other charges may be collected with the water rates of the district and that all rates shall be billed upon the…
- § 31103 Upon providing a sewer system in any area of the district the district may declare the further maintenance or use of cesspools or other local means of sewage…
- § 31104 A district may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix, levy and collect a sewage and waste…
- § 31104.5 In lieu of the standby or availability charge authorized to be levied and collected pursuant to Section 31104, the Crescenta Valley County Water District may,…
- § 31104.6 Notwithstanding Sections 31031 and 31032.1, in the Coachella Valley Water District, the sewage and waste service standby or availability charge shall not…
- § 31104.7 Notwithstanding any other provision of this division, the Tuolumne Regional Water District may, pursuant to the notice, protest, and hearing procedures in…
- § 31104.8 (a) Notwithstanding any other provision of this division, the Santa Ana Mountains County Water District may, pursuant to the notice, protest, and hearing…
- § 31105 (a) A district may adopt ordinances relating to the provision of services and facilities pursuant to this article and the regulation of those services and…
- § 31106 From and after the posting or publication of any ordinance as provided in Section 31105 above, it shall be a misdemeanor for any person to violate any…
ARTICLE 6.5. Sewer and Garbage Facilities in the Calaveras County Water District §§ 31110–31113 · 4 sections
- § 31110 Notwithstanding any other provisions contained in this division, the Calaveras County Water District, or an improvement district formed therein pursuant to the…
- § 31111 For the purposes of this article, the Board of Directors of the Calaveras County Water District may levy and collect taxes in the manner provided in this…
- § 31112 The Board of Directors of the Calaveras County Water District may levy and collect taxes in the manner provided in this division for the purpose of the…
- § 31113 Pursuant to a resolution adopted by a fourth-fifths vote of all the members of the board, the Calaveras County Water District may deposit any funds of the…
ARTICLE 7. Fire Protection § 31120 · 1 section
- § 31120 (a) A district may exercise any of the powers, functions, and duties which are vested in, or imposed upon, a fire protection district pursuant to the Fire…
ARTICLE 8. Recreational Facilities §§ 31130–31133 · 4 sections
- § 31130 A district may use any water or land under its control for recreational purposes and in connection therewith may construct, maintain, and operate any works or…
- § 31131 A district may prescribe reasonable rules and regulations to govern the use of such facilities, including regulations imposing reasonable charges for the use…
- § 31132 The exercise of the power of eminent domain to acquire any land or interest therein for recreational purposes is limited to land within the district or land…
- § 31133 Notwithstanding any other provision of law, the Malaga County Water District may: (a) Organize, promote, conduct, and advertise programs of community… see note
ARTICLE 9. Sanitation Service §§ 31135–31142 · 8 sections
- § 31135 A district may acquire, construct, and operate facilities for, or may contract with others for, the collection and disposal of the garbage, waste, and trash of…
- § 31136 The district may prescribe, revise, and collect rates or other charges for the services furnished pursuant to this article.
- § 31137 The district may provide that such rates or charges may be collected with the water or sewer rates, or both, of the district and that all rates shall be billed…
- § 31138 The district may determine that sanitary service may not be necessary or feasible for all residents or properties within the district and shall thereupon make…
- § 31139 The district shall determine the types of wastes to be excluded from service.
- § 31140 Any contract with other parties for the supplying of this service for the district shall be granted by public bid for such periods as the district determines…
- § 31141 (a) A district may adopt ordinances relating to the provision of sanitation services and the regulation of those services. Every such ordinance shall be in…
- § 31142 After the posting or publication of any ordinance as provided in Section 31141, it is a misdemeanor for any person to violate any ordinance of the district…
ARTICLE 9.3. Alameda County Water District §§ 31142.20–31142.39 · 11 sections
- § 31142.20 This article shall be known and may be cited as the Alameda County Water District Groundwater Protection Act.
- § 31142.22 This article only applies to all property within the boundaries of the Cities of Fremont, Newark, and Union City.
- § 31142.24 Unless the context requires otherwise, the definitions set forth in this section govern the construction of this article. (a) “Aquifer” means a geologic…
- § 31142.26 The district may take the following actions within the boundaries of the Cities of Fremont, Newark, and Union City to carry out this article: (a) Adopt, by…
- § 31142.28 Any person applying for any land development permit or approval within the boundaries described in Section 31142.22 shall obtain documentation from the…
- § 31142.30 Any abandoned or unused well, exploratory hole, or other excavation that creates or threatens to create a water contamination hazard is a public nuisance. The…
- § 31142.32 If the district determines that a public nuisance exists, it shall, by certified mail, notify the record owner of the property to abate the public nuisance.…
- § 31142.34 If, after the hearing, the general manager determines that a public nuisance exists, the district shall, by certified mail, send a notice to the record owner…
- § 31142.36 If the public nuisance is not abated within the time specified by the district in the notice, the district may abate the public nuisance. Any entry upon…
- § 31142.38 (a) All costs incurred by the district in abating a public nuisance pursuant to this article are a lien upon the property. (b) Notice of the lien shall include…
- § 31142.39 All actions authorized by this article shall be undertaken in a manner that is consistent with the federal Clean Water Act (33 U.S.C. Sec. 1341 et seq.) and…
ARTICLE 9.4. Sierra Lakes County Water District § 31142.50 · 1 section
- § 31142.50 (a) In addition to the other powers provided by law, the Sierra Lakes County Water District shall have, but is not limited to, the authority to prevent…
ARTICLE 9.5. San Lorenzo Valley Water District §§ 31143–31143.5 · 6 sections
- § 31143 In addition to the other powers provided by law, the San Lorenzo Valley Water District, Santa Cruz County, shall have all of the following powers and shall…
- § 31143.1 The district shall immediately do all such acts as are reasonably necessary to secure compliance with any federal, state, regional, or local law, order,…
- § 31143.2 (a) Violation of any of the provisions of a district regulation adopted pursuant to Section 31143 may be abated as a public nuisance by the district, and the…
- § 31143.3 (a) The owner of any real property upon which is located an onsite waste water disposal system, which system is subject to abatement as a public nuisance by…
- § 31143.4 In order to avoid duplication, either the district or the County of Santa Cruz may contract with the other party for any services or activities authorized to…
- § 31143.5 Any violation of a regulation of the district adopted pursuant to Section 31143 is a misdemeanor punishable by a fine not to exceed five hundred dollars…
ARTICLE 9.6. Lompico County Water District §§ 31144–31144.6 · 7 sections
- § 31144 In addition to the other powers provided by law, the Lompico County Water District, Santa Cruz County, shall have all of the following powers and shall…
- § 31144.1 The district shall immediately do all such acts as are reasonably necessary to secure compliance with any federal, state, regional, or local law, order,…
- § 31144.2 (a) Violation of any of the provisions of a district regulation adopted pursuant to Section 31144 may be abated as a public nuisance by the district, and the…
- § 31144.3 (a) The owner of any real property upon which is located an onsite waste water disposal system, which system is subject to abatement as a public nuisance by…
- § 31144.4 In order to avoid duplication, either the district or the County of Santa Cruz may contract with the other party for any services or activities authorized to…
- § 31144.5 (a) Whenever, in the opinion of the board of directors, the public interest or convenience may require, the board of directors may undertake any work necessary…
- § 31144.6 Any violation of a regulation of the district adopted pursuant to Section 31144 is a misdemeanor punishable by a fine not to exceed five hundred dollars…
ARTICLE 9.7. Malaga County Water District §§ 31144.7–31144.79 · 10 sections
- § 31144.7 In addition to the other powers provided by law, the Malaga County Water District, Fresno County, shall, within the boundaries of the district, have all of the…
- § 31144.71 (a) For the common benefit of the district and for the purpose of managing the groundwater basin and managing, replenishing, regulating, and protecting the…
- § 31144.72 In addition to the other powers provided by law, the Malaga County Water District may levy and collect fees or charges in the manner provided for in this…
- § 31144.73 The district shall biennially prepare a written report on the district’s activities in the protection and augmentation of the water supplies of the district.…
- § 31144.74 As used in connection with the groundwater charge authorized by this article, the following words shall have the following meanings: (a) “District” means the…
- § 31144.75 On the second Tuesday in February of each even-numbered year, the report shall be delivered to the clerk of the district board in writing. The clerk shall…
- § 31144.76 (a) Prior to the end of the water year in which the hearing is held, and based upon the findings and determinations at the hearing, the board shall determine…
- § 31144.77 (a) After the establishment of a zone in which a groundwater charge may be levied, each owner or operator of a water-producing facility within the zone, until…
- § 31144.78 Upon good cause shown, an amended statement of water production may be filed or a correction of the records may be made at any time within six months of filing…
- § 31144.79 (a) If the district has probable cause to believe that the production of water from any water-producing facility is in excess of that disclosed by the sworn…
ARTICLE 10. Stinson Beach County Water District §§ 31145–31149 · 5 sections
- § 31145 In addition to the other powers provided by law, the Stinson Beach County Water District, Marin County, shall have all of the following powers and shall…
- § 31146 The district shall immediately do all such acts as are reasonably necessary to secure compliance with any federal, state, regional or local law, order,…
- § 31147 (a) Violation of any of the provisions of a district regulation adopted pursuant to Section 31145 may be abated as a public nuisance by the district, and the…
- § 31148 (a) The owner of any real property upon which is located a sanitary sewage, septic, or septic tank disposal system, which system is subject to abatement as a…
- § 31149 Any violation of a regulation of the district adopted pursuant to Section 31145 is a misdemeanor punishable by a fine not to exceed one thousand dollars…
ARTICLE 11. Power Generation §§ 31149.1–31149.7 · 6 sections
- § 31149.1 A district may, by using any water or water supplies furnished to the district or used by the district, construct, maintain, and operate one or more plants for…
- § 31149.2 The hydroelectric power plant or plants and transmission lines constructed pursuant to this article may be leased for operation by, or the power generated may…
- § 31149.3 (a) The North Marin County Water District may construct, maintain, and operate one or more plants for the generation of power from wind or solar radiation, and…
- § 31149.4 Notwithstanding Section 31149.1 or any other provision of law, the Sierra Lakes County Water District may construct works for generating hydroelectric power,…
- § 31149.5 (a) The Marina County Water District may finance, construct, maintain, operate, lease, use, and sell power to any public utility or public agency from one or…
- § 31149.7 (a) A district may provide, generate, and deliver electric power, and may construct, operate, and maintain any and all works, facilities, improvements, and…
CHAPTER 2. Cooperation §§ 31150–31182 · 17 sections
ARTICLE 1. Cooperation Under Irrigation District Federal Cooperation Law §§ 31150–31162 · 13 sections
- § 31150 Districts may cooperate and contract with the United States, under the Federal Reclamation Act of June 17, 1902, and all acts amendatory thereof or…
- § 31151 The cooperation and contract may be for any or all of the following purposes: (a) Acquisition, extension, or operation of works for irrigation or drainage or…
- § 31152 Districts may carry out and perform the terms of any contract so made.
- § 31153 To carry out the preceding sections of this article a district has all powers, rights, and privileges possessed by irrigation districts and may exercise those…
- § 31154 If any provision of the Irrigation District Federal Cooperation Law is held unconstitutional, that decision shall not affect the validity of the adoption by…
- § 31155 In any contract made between a county water district and the United States pursuant to this article, the land which may be charged with any taxes or…
- § 31156 The contract shall not include any land which is not susceptible of service with water from the water works or system contemplated in the contract.
- § 31157 The proceedings for voting at an election upon a proposal to contract with the United States pursuant to this article shall be had insofar as applicable in the…
- § 31158 Notwithstanding any provision of the Irrigation District Federal Cooperation Law, or any provision of this division or other law, when any district has…
- § 31159 Every county water district which executes a contract with the United States for the purposes set forth in Section 31151 shall, within the meaning of the act…
- § 31160 Public land of the United States within any such county water district is subject to assessment and taxation for all purposes of such district to the extent…
- § 31161 Whenever the Government of the United States has in conjunction with a district contributed to the cost of building a dam creating a lake and the water…
- § 31162 The operation of all facilities and appliances permitted by Section 31161 shall be in accordance with rules and regulations applicable thereto adopted by the…
ARTICLE 2. Water Service to Indian Land § 31175 · 1 section
- § 31175 A district may contract with the United States, upon such terms the board finds to be to the best interest of the district, for permanent or temporary service…
ARTICLE 3. Inclusion in Municipal Utility District §§ 31180–31182 · 3 sections
- § 31180 A county water district may be annexed to or included within the territory of any municipal utility district organized under the Municipal Utility District Act.
- § 31181 The annexation or inclusion shall not destroy the identity or legal existence of the county water district notwithstanding the identity of purpose or…
- § 31182 The annexation may be effected pursuant to the provisions of Chapter 9 (commencing at Section 13801) of Division 6, Public Utilities Code.
PART 6. FINANCIAL PROVISIONS §§ 31300–31639 · 129 sections
CHAPTER 1. General Financial Provisions §§ 31300–31339 · 20 sections
ARTICLE 1. In General §§ 31300–31310 · 12 sections
- § 31300 A district may borrow money, incur indebtedness, and issue bonds or other evidences of the indebtedness, and may refund or retire any indebtedness or lien…
- § 31301 The district may issue warrants to pay its formation expenses bearing interest at 6 percent per year from date of issue until funds are available to pay the…
- § 31302 The auditor shall draw warrants to pay demands made against the district when the demands have been approved or authorized by the board, or at least three…
- § 31303 Any money belonging to a district may be deposited or invested and drawn out as provided in Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of…
- § 31304 The district, or the district on behalf of an improvement district thereof, may issue negotiable promissory notes which shall be payable from general taxes,…
- § 31304.5 A district may contract with any state agency to finance any district improvement authorized by this division that is related to the provision of water for…
- § 31305 The board may designate the county treasurer the depositary to have the custody of all, or a portion of, the district’s money.
- § 31306 If designated as depositary the county treasurer shall: (a) Receive and receipt for all of the district’s money received by him and place it in the county…
- § 31307 When the county treasurer has been designated the depositary to have custody of district money, he shall pay out that money, or any portion thereof, only upon…
- § 31308 The county auditor shall draw warrants to pay demands made against the district when the demands have been approved by at least three members of the board and…
- § 31309 The county treasurer shall report in writing on the first day of July, October, January, and March of each year to the board with respect to each of the…
- § 31310 The board of supervisors of the county shall determine the charge to be made against the district for any services of either or both of: (a) The county…
ARTICLE 2. Settlements and Statements §§ 31320–31322 · 3 sections
- § 31320 On Monday in each week the collector shall do both of the following: (a) Settle with the secretary for all money collected for taxes during the week next…
- § 31321 The collector shall be credited in his settlement with the secretary with the amount due to the district on property he sells to the district for delinquent…
- § 31322 Within seven days after he settles with the secretary, the collector shall file in the district office with the secretary a statement under oath, showing: (a)…
ARTICLE 3. Investments §§ 31335–31339 · 5 sections
- § 31335 As used in this article “surplus money” means any money in any sinking fund established for the purpose of payment of any bonded or other indebtedness or any…
- § 31336 A district may invest such surplus money, as its board deems wise or expedient in any of the following: (a) Bonds issued by the district. (b) Bonds issued by…
- § 31337 The investment may be made by purchase of the bonds or registered warrants or part thereof at the original sale or by purchase after they have been thus issued.
- § 31338 Any bonds or registered warrants purchased pursuant to this article and held may, from time to time, be sold and the proceeds reinvested pursuant to this…
- § 31339 Sales of bonds or registered warrants purchased pursuant to this article and held shall be made in season so that the proceeds may be applied to the purposes…
CHAPTER 2. Bonds §§ 31370–31482 · 42 sections
ARTICLE 1. Notice §§ 31370–31372 · 3 sections
- § 31370 Whenever the board deems it necessary for the district to incur a bonded indebtedness, it shall by resolution set forth all of the following: (a) A declaration…
- § 31371 Notice of the hearing shall be given by the secretary by publication of a copy of the resolution in a newspaper printed and published in the district for at…
- § 31372 The copy of the resolution published or posted shall be accompanied by a notice subscribed by the secretary, with the seal of the district attached, that: (a)…
ARTICLE 2. Hearing §§ 31385–31393 · 9 sections
- § 31385 At the time and place fixed for the hearing in the resolution declaring the necessity for incurring the bonded indebtedness, or at any time and place to which…
- § 31386 At the hearing any person interested, including persons owning property within the district, may appear and present any matters material to the questions set…
- § 31387 At the conclusion of the hearing, the board shall by resolution determine whether the whole or part of the district will be benefited by the accomplishment of…
- § 31388 If the board determines that the whole of the district will not be benefited, the resolution shall also describe the portion of the district which will be…
- § 31389 After the formation of an improvement district within a district pursuant to this article, all proceedings for the purpose of a bond election within the…
- § 31390 The determination of the board that the whole of the district will be benefited by the bond issue or that only a described portion of the district will be…
- § 31391 After the board has made its determination pursuant to Section 31387, if it deems it necessary to incur the bonded indebtedness, it shall by resolution state:…
- § 31392 In determining the amount of debt to be incurred, the legislative body may include: (a) All costs and estimated costs incidental to or connected with the…
- § 31393 (a) Any time following the establishment of an improvement district pursuant to this article, the board, by a four-fifths majority vote, may exempt part or all…
ARTICLE 3. Election §§ 31405–31416 · 13 sections
- § 31405 The board shall fix a date when an election shall be held to authorize the bonded indebtedness described in the resolution adopted pursuant to Section 31391.
- § 31406 The board shall provide for holding the election on the day fixed therefor in the same manner as provided by law in respect to general water district elections…
- § 31407 The board shall give notice of the election to authorize the bonded indebtedness, which notice shall contain all of the following: (a) The resolution adopted…
- § 31408 Every voter residing within the voting precincts, but no others, may vote at the election.
- § 31408.5 In the Pleasant Valley County Water District, every owner of land within the district, but no others, may vote at the election. The special provisions of this…
- § 31409 The notice shall be published for two weeks in at least one newspaper, designated by the board, printed and published in the district.
- § 31410 If there is no newspaper printed and published in the district, the notice shall be posted in three public places in whichever of the following is to be…
- § 31411 The returns of the election shall be made to and the votes canvassed by the board on the first Monday which is six or more days after the election.
- § 31412 The results of the election shall be ascertained and declared pursuant to the general water district election laws so far as they may be applicable, except as…
- § 31413 As soon as the result is declared, the secretary shall enter in the records of the board a statement of the result.
- § 31414 No informalities in the conduct of the election shall invalidate the election if fairly conducted.
- § 31415 All the expenses of holding the election shall be borne by the district, but said expenses may be included in the amount of the debt to be incurred, as…
- § 31416 Whenever the electors of a district which has no bonded indebtedness, is not operating a water system, and has not bona fide contracted for the construction of…
ARTICLE 4. Issuance §§ 31425–31429 · 5 sections
- § 31425 If from the bond election returns it appears that more than two-thirds of the votes cast at the election are in favor of incurring the indebtedness, the board…
- § 31426 The district may dispose of the bonds so issued at the times or in the manner the board deems to be to the public interest.
- § 31427 Any bonds issued by any district organized under the provisions of this act are hereby given the same force, value and use as bonds issued by any municipality…
- § 31428 All premiums and accrued interest received on the sale of bonds shall be placed in the fund to be used for the payment of principal and interest on the bonds,…
- § 31429 When the board determines by resolution that the expenditure of money raised by the sale of bonds for the purpose for which the bonds were voted is impractical…
ARTICLE 5. Refunding §§ 31440–31446 · 7 sections
- § 31440 The board may, by resolution, do the following: (a) Submit to the voters a measure to issue new bonds to refund any or all of the district bonds outstanding.…
- § 31441 The measure may be voted on at any district election.
- § 31442 The procedure upon the election shall be in accordance, so far as applicable, with the procedure upon an original issue of bonds, except that: (a) No hearing…
- § 31443 The refunding bonds shall not bear a higher rate of interest than the bonds to be refunded and may be issued and sold in the manner and form prescribed for an…
- § 31444 Refunding bonds may, if the holders of bonds of an original issue and the board so agree, be exchanged for original bonds.
- § 31445 The face value of refunding bonds exchanged for original bonds shall not exceed the face value of the original bonds.
- § 31446 The board may raise money by water rates or taxes to pay principal and interest of the refunding bonds in the same manner as prescribed for payment of bonds of…
ARTICLE 6. Callable Bonds §§ 31460–31461 · 2 sections
ARTICLE 7. Revenue Bonds §§ 31480–31482 · 3 sections
- § 31480 Subject to the provisions of this article, a district may borrow money to provide funds to pay all costs of any public improvement authorized by this part and…
- § 31481 Revenue bonds under this article shall be authorized, issued and sold in the same manner as are revenue bonds of irrigation districts under Division 11 of this…
- § 31482 The Contra Costa Water District may provide for bonds of the district to bear a variable interest rate, which rate shall not at any time exceed the maximum…
CHAPTER 3. Adoption of Improvement Acts §§ 31500–31548 · 20 sections
ARTICLE 1. Authorization of Improvements §§ 31500–31506 · 6 sections
- § 31500 Whenever, in the opinion of the board, the public interest or convenience may require, it may order to be done in, under, or upon the whole or any portion of…
- § 31501 The work or improvement shall be done and the cost thereof assessed and collected in accordance with the procedure and in pursuance of the provisions of the…
- § 31502 The Municipal Improvement Act of 1913 is also applicable to districts.
- § 31503 The Improvement Bond Act of 1915 is also so applicable for use in conjunction with the Improvement Act of 1911 or with other improvement acts.
- § 31504 Such acts or any of them may be used in the discretion of the board of directors in the contruction of any work to be done or improvements made under this act…
- § 31506 A district may enter into an agreement with any municipality within the district whereby any work or improvement constructed pursuant to the provisions of the…
ARTICLE 2. Definition of Improvement Act Terms §§ 31520–31529 · 10 sections
- § 31520 As used in the laws referred to in this chapter the terms therefrom set forth in this article refer for the purposes of this chapter to that which this article…
- § 31521 “City” refers to county water district.
- § 31522 “City council” or “legislative body” refers to the board of directors of the county water district.
- § 31523 “Mayor” refers to the president of the board of directors of the county water district.
- § 31524 “Clerk” refers to the secretary of the board of directors of the county water district.
- § 31525 “Council chambers” refers to the place designated by the board of directors of the county water district for holding its regular meetings.
- § 31526 “Treasurer” refers to the auditor of the county water district, unless the district elects to use the county treasurer as provided in Section 31305, in which…
- § 31527 “Superintendent of streets” or “street superintendent” and “city engineer” refer to the engineer of the county water district.
- § 31528 “Right of way” refers to any parcel of land through which a right of way has been granted to the county water district for any purpose.
- § 31529 All words relating to municipal officers and matters refer to the corresponding officers of county water districts and matters under this division.
ARTICLE 3. Engineer of Work §§ 31545–31548 · 4 sections
- § 31545 The board may appoint officers other than the engineer, without compensation, as the officer to perform any or all of the duties conferred upon the street…
- § 31546 The board may appoint an engineer of work, in which event the duties to be performed by the city engineer as set forth in any law referred to in this chapter…
- § 31547 The board may provide that the work shall be done under the direction and to the satisfaction of the engineer of work, that the materials used shall comply…
- § 31548 The contract shall be entered into by the engineer, and the assessment and warrant, when confirmed, shall be recorded in the office of the engineer.
CHAPTER 4. Improvement Districts §§ 31575–31579 · 5 sections
- § 31575 Improvement districts may be formed in districts in the same manner as improvement districts are formed in irrigation districts. When formed, such improvement…
- § 31576 The board of directors of a district shall have the same rights, powers, duties and responsibilities with respect to the formation and government of…
- § 31577 Assessments in an improvement district in a district shall be levied, collected and enforced at the same time and in as nearly the same manner as practicable…
- § 31578 If an improvement district is formed in the Kings County Water District to encompass all or a portion of the area within the district served by the Lakeside…
- § 31579 All powers and duties of the district may be exercised on behalf of or within any improvement district formed pursuant to this division.
CHAPTER 5. Alternative Procedure for Formation of Improvement Districts §§ 31585–31618 · 23 sections
ARTICLE 1. In General §§ 31585–31586 · 2 sections
- § 31585 The provisions of this chapter are in addition to the provisions of Sections 31388 and 31389, the provisions of Sections 31500 to 31548, inclusive, and the…
- § 31586 Division 4 (commencing at Section 2800) of the Streets and Highways Code shall not be applicable to the formation of any improvement district pursuant to this…
ARTICLE 2. Formation and Projects §§ 31595–31611 · 17 sections
- § 31595 Improvement districts may be formed to undertake projects to investigate, study, analyze, appraise, finance, acquire, and carry out any of the objects or…
- § 31596 The formation of an improvement district shall be instituted by a resolution of the board which shall contain the following: (a) A description of the…
- § 31597 The secretary shall give notice of the time and place of the hearing by causing a notice thereof to be published for the time provided by Section 31371 in a…
- § 31598 The notice shall contain a copy of the resolution and a designation of a public place within the district where a copy of a map of the proposed improvement…
- § 31599 At the time and place fixed for the hearing, or at any time and place to which the hearing is adjourned, the board shall proceed with the hearing and shall…
- § 31600 If prior to the conclusion of the hearing written protests against the formation of the proposed improvement district and the proposed project signed by a…
- § 31601 In all matters referred to in this article, the last equalized assessment roll of the district, if any, otherwise of the county, shall be prima facie evidence…
- § 31602 (a) Each signature on a protest shall be acknowledged or proved in the manner required to entitle deeds to be recorded. (b) A guardian, executor,…
- § 31603 The board may inquire and take evidence for the purpose of identifying any person claiming the right to sign the protest as being the person shown on the…
- § 31604 At the conclusion of the hearing if proceedings relating to the proposed improvement district have not been terminated in the manner set forth in Section 31600…
- § 31605 No improvement district shall be formed pursuant to this chapter unless the board shall, in the resolution declaring such improvement district to be formed,…
- § 31606 The resolution declaring an improvement district to be formed shall contain: (a) A description of the boundaries thereof and the name of such improvement…
- § 31607 The boundaries of an improvement district determined and established by the board in the resolution declaring the improvement district to be formed may be the…
- § 31608 The resolution declaring the improvement district to be formed shall become effective 30 days after its adoption.
- § 31609 If a petition protesting against the adoption of the resolution declaring the improvement district to be formed is presented to the board prior to its…
- § 31610 After the formation of an improvement district pursuant to this chapter and if any portion of the cost of the project proposed therefor is to be financed by…
- § 31611 After the formation of an improvement district, additional lands may be included therein upon the written petition of the owners thereof and a resolution of…
ARTICLE 3. Taxes §§ 31615–31618 · 4 sections
- § 31615 Subject to such limitations as may be contained in the resolution declaring the improvement district to be formed, the board shall have the power in any year…
- § 31616 The procedure for estimating, levying, and collecting taxes in any improvement district shall be the same as is provided in Part 7 (commencing at Section…
- § 31617 All taxes collected pursuant to this article shall be expended only for the payment of bond principal and interest or only for the improvement district project…
- § 31618 For the purpose of any tax levied under this article, the properties within any improvement district shall be deemed to be equally benefited.
CHAPTER 6. Kings County Water District Improvement District § 31625 · 1 section
- § 31625 One or more improvement districts may be formed in the Kings County Water District which may include all or any part of the land in the district in the manner…
CHAPTER 7. Coachella Valley Water District Water Replenishment Assessments §§ 31630–31639 · 18 sections
- § 31630 The Coachella Valley Water District shall have the power to levy and collect water replenishment assessments, as provided in this chapter, for the purpose of…
- § 31630.5 As used in this chapter: (a) “Annual” or “year” means a calendar year unless the context indicates a contrary meaning. (b) “District” means the Coachella…
- § 31631 By May 1 of each year the board shall have prepared and presented to it an engineering survey and report concerning the groundwater supplies within the…
- § 31631.5 If the board determines that funds should be raised by a replenishment assessment, it shall call a public hearing, and shall publish notice at least 10 days in…
- § 31632 The hearing shall be held before the board and a quorum shall be present. The hearing may be adjourned from time to time by the president. All evidence…
- § 31632.5 Before July 1 of each year, the board may by resolution levy a replenishment assessment upon all water production during the following fiscal year within each…
- § 31633 The amount of any replenishment assessment levied within an area of benefit shall be established at the discretion of the board, except that no assessment…
- § 31633.5 Minimal pumpers may be excluded from the engineering survey and report on water production, and they shall be exempt from any replenishment assessments and…
- § 31634 The district, after the levying of any replenishment assessment, shall give notice thereof to all affected producers as disclosed by the records of the…
- § 31634.5 Except as provided in Section 31636, each producer, on or before the dates when the assessment or installments thereof are due and payable, shall file with the…
- § 31635 Any replenishment assessment levied pursuant to this chapter shall be due and payable to the district at the time or times determined by the district and…
- § 31636 If the district has an agreement with any producer whereby the district regularly reads and maintains the water-measuring devices which record the production…
- § 31636.5 If any producer subject to a replenishment assessment, after notice has been given pursuant to Section 31634, shall fail to pay a replenishment assessment or…
- § 31637 Should any producer, subject to a replenishment assessment, knowingly fail to file the water-production statement, such producer shall, in addition to interest…
- § 31637.5 If the district has probable cause to believe that the production by any producer is unreported or, if reported, is substantially in excess of that disclosed…
- § 31638 The district may, in any court having jurisdiction, bring suit against any producer to enjoin any water production in violation of any of the provisions of…
- § 31638.5 It shall be unlawful to produce water from within any area of benefit after one year following the levy of a replenishment assessment within such area, unless…
- § 31639 This chapter, applicable only to the Coachella Valley Water District, is necessary because of the special and unique problems of imported ground water recharge…
PART 7. TAXES §§ 31650–31822 · 45 sections
CHAPTER 1. General Provisions §§ 31650–31680 · 16 sections
ARTICLE 1. In General §§ 31650–31653 · 4 sections
- § 31650 A district may cause taxes to be levied for the purpose of paying any of its obligations and to accomplish the purposes of this division.
- § 31651 If the maturity of the indebtedness created by an issue of bonds begins more than one year after the date of issuance, a tax shall be levied and collected…
- § 31652 A district may cause taxes to be levied to pay the expenses of its formation, including fees of attorneys and others employed to conduct the formation…
- § 31653 A district may impose a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government…
ARTICLE 2. Special Rate §§ 31665–31675 · 11 sections
- § 31665 Whenever the board by ordinance finds that because of circumstances existing in the district it is just and reasonable that petitions for special rates of…
- § 31666 The petition shall request that the board determine what percentage of the reqular rates of taxation of the district should be used in levying taxes on the…
- § 31667 A fee of ten dollars ($10) shall be paid to the secretary before the filing of each petition for a special rate of taxation. The money shall be applied to the…
- § 31668 The board shall set a time and place for the hearing of a petition for a special rate of taxation or of all the petitions if more than one has been filed and…
- § 31669 The notice for a special rate of taxation hearing shall state all of the following: (a) Petitions have been presented to the board praying for a determination…
- § 31670 The board shall meet at the time and place set for the hearing and proceed in the order it deems proper to hear the petitions and shall hear all competent and…
- § 31671 After the conclusion of the hearing, if the board finds that any of the land described in any petition has been irrigated as alleged and is not and will not be…
- § 31672 The ordinance or resolution shall: (a) Describe the land entitled to a special rate of taxation or the respective parcels of it if separate parcels are to be…
- § 31673 A certified copy of the ordinance or resolution determining that any land is entitled to a special rate of taxation shall be delivered to the county assessor,…
- § 31674 After a copy of the ordinance or resolution is delivered to the county assessor, the officer charged with the duty of entering on the assessment roll the…
- § 31675 The determination of the board granting or denying a special rate of taxation as to any land after a hearing pursuant to this article shall not be changed…
ARTICLE 3. Taxation Within the Kings County Water District § 31680 · 1 section
- § 31680 Within the Kings County Water District, the board may by ordinance provide for the establishment of special rates of taxation, for general fund purposes and…
CHAPTER 2. Main Tax Procedure §§ 31700–31709 · 27 sections
- § 31700 In this chapter “district” means a county water district formed under the provisions of the County Water District Act or this division.
- § 31701 If a district has no revenue or if the revenues of the district are, or in the judgment of the board of directors are likely to be, inadequate to pay the…
- § 31701.5 The amount of any charges for water and other services or either included in the statement of delinquent and unpaid charges pursuant to subdivision (e) of…
- § 31701.6 A district shall notify the holder of title to land whenever delinquent and unpaid charges for water and other services or either which could become a lien on…
- § 31701.7 In case any charges for water or other services, or either, remain unpaid the amount of the unpaid charges may in the discretion of the district be secured at…
- § 31702 After the board of directors has furnished the estimates as required in Section 31701, the board of supervisors of each county, annually, at the time and in…
- § 31702.1 The board may, by resolution, elect to fix its own rates of taxation, in which event it shall file certified copies thereof with the auditor, the assessor and…
- § 31702.2 Following the board’s election, the county auditor shall, before the third Monday of August of each year, transmit to the board a written statement showing the…
- § 31702.3 On or before September 1 of each year, the board shall fix the rates of taxation in not to exceed four decimals, which it shall require for each of its…
- § 31702.4 The county auditor shall compute and enter in the county assessment roll the respective sums to be paid as a district tax on the property in the district,…
- § 31703 Subject to any other limitations in this division contained the taxes shall be levied on property in the district as follows: (a) The bond tax shall be levied…
- § 31703.1 Upon request of the Mariana Ranchos County Water District, the board of supervisors shall levy the bond tax in proportion to the assessed valuation of the land…
- § 31703.2 Annually, the Sierra Lakes County Water District, Placer County, may request, and the board of supervisors shall levy a bond tax on land only in the district…
- § 31703.3 Annually, the Circle Oaks County Water District, Napa County, may request, and the board of supervisors shall levy a bond tax on land only in the district or…
- § 31703.4 Upon request of the Apple Valley Heights County Water District, the board of supervisors shall levy the bond tax and taxes for loans and other indebtedness in…
- § 31703.5 Annually, the Desert View County Water District, San Bernardino County, may request, and the board of supervisors shall levy a bond tax on land only in the…
- § 31703.6 Annually, the Pinedale County Water District, Fresno County, may request, and the board of supervisors shall levy, a bond tax on land only in Pinedale County…
- § 31703.7 Upon request of the Cucamonga County Water District, the board of supervisors shall levy an improvement district tax on land within any improvement district…
- § 31703.8 Annually, the El Dorado Hills County Water District, El Dorado County, may request, and the board of supervisors shall levy, a bond tax on land only in the…
- § 31703.9 Annually, the Juniper Riviera County Water District, San Bernardino County, may request, and the board of supervisors shall levy, any one, or all, bond or…
- § 31704 Taxes levied by the Coachella Valley County Water District for payment of the principal of, or interest on bonded indebtedness, where the proceeds of such…
- § 31706 All district taxes shall be collected at the same time and in the same manner and form as county taxes and shall be paid to the district for which they were…
- § 31707 Subject to the provisions of Section 31707.1, taxes for the payment of a bonded debt and the interest on it are a lien on all the property benefited thereby as…
- § 31707.1 No bonded debt and no lien therefor is created or exists as to authorized bonds prior to issuance. Upon issuance a debt is created only as to the bonds issued…
- § 31707.5 (a) Taxes for the payment of all charges, claims, expenditures and expenses, other than a bonded debt, of any improvement district created pursuant to this…
- § 31708 Notwithstanding any other provision of this part to the contrary, in the case of a sale of property for taxes or assessments, except where the sale is…
- § 31709 District taxes whether for the payment of a bonded indebtedness and the interest on it or for other purposes are of the same force and effect as other liens…
[CHAPTER 3. Alternative Tax Procedure ] §§ 31805–31822 · 2 sections
[ARTICLE 5. Collections Generally] § 31805 · 1 section
- § 31805 All district taxes levied on real property and improvements are a lien upon the same, which lien attaches as of noon on the first day of March of the year in…
[ARTICLE 6. Collection by the Assessor] § 31822 · 1 section
- § 31822 If the assessee owns taxable real property in fee in the district, the taxes due upon the possession of, claim to, or right to the possession of land are…
PART 8. CHANGES IN ORGANIZATION §§ 32200–32554 · 7 sections
CHAPTER 1. Exclusion § 32200 · 1 section
- § 32200 Any tract of land included within any district and not substantially and directly benefited by being in the district, or by its continued inclusion therein,…
CHAPTER 2. Inclusion § 32400 · 1 section
- § 32400 Land not a part of the district whether or not contiguous to it or to other portions added to the district, and consisting of any portion of the county wherein…
CHAPTER 3. Inclusion in Improvement Districts §§ 32550–32554 · 5 sections
- § 32550 Territory within a district may be annexed to an improvement district whether or not contiguous thereto, provided that such territory is not a part of an…
- § 32551 The procedure for such annexation shall be the same as the procedure for annexing land to a district set forth in Chapter 2 (commencing with Section 57075) of…
- § 32552 If all the owners of land within the territory proposed to be annexed have given their written assent to such annexation, the board may by resolution order…
- § 32553 After the adoption of a resolution ordering such annexation, or a resolution confirming an order of annexation following an election thereon, the secretary…
- § 32554 Territory annexed to an improvement district shall be subject to existing bond issues and indebtedness of the improvement district from and after the filing…
PART 8.2. Coachella Valley Water District §§ 32600–32603 · 4 sections
- § 32600 Unless the context otherwise requires, the definitions set forth in this section govern the construction of this part. (a) “Board” means the Board of Directors…
- § 32601 (a) The Legislature hereby finds and declares that the use of potable domestic water for nonpotable uses for cemeteries, parks, highway landscaped areas, new…
- § 32602 Notwithstanding any other provision of law, but subject to the other requirements of this part, no person or local public agency shall use water within the…
- § 32603 (a) The use of nonpotable water, including recycled water, in accordance with this part is subject to all applicable state regulation. (b) This part only…
PART 9. COACHELLA MERGER §§ 33100–33162 · 29 sections
CHAPTER 1. General Provisions §§ 33100–33106 · 7 sections
- § 33100 This part shall be known and may be cited as the Coachella District Merger Law.
- § 33101 The State and the people thereof have a primary and supreme interest in securing to the inhabitants and property owners within the Coachella Valley and…
- § 33102 Investigation having shown that conditions in the Coachella Valley are peculiar to that valley, it is hereby declared that a general law cannot be made…
- § 33103 The Coachella Valley County Water District was prior to October 19, 1937, formed primarily for irrigation purposes, and the Coachella Valley Storm Water…
- § 33104 This chapter is enacted in part under the authority expressly granted in Section 13 of Article XI of the Constitution of the State.
- § 33105 This part shall be given a liberal construction for the purpose of sustaining any and all proceedings taken hereunder.
- § 33106 Nothing in this part shall impair or adversely affect any right of any bondholder or creditor of the storm water district or the county water district.
CHAPTER 2. The Merger §§ 33115–33121 · 7 sections
- § 33115 The Coachella Valley Storm Water District of Riverside County was merged into the Coachella Valley County Water District on October 19, 1937, pursuant to…
- § 33116 The surviving district comprises all land in the county water district at the time of the merger plus inclusions, and less exclusions, of land thereafter made…
- § 33117 The name of the surviving district is Coachella Valley County Water District.
- § 33118 The surviving district is a public agency of the State.
- § 33119 Upon the merger of the two districts the storm water district for all purposes ceased to exist, and the offices of its trustees and officers thereupon…
- § 33120 Upon the merger the directors and officers of the county water district then in office constituted the directors and officers of the surviving district.
- § 33121 Upon the merger the surviving district succeeded to all properties, rights and contracts of each of the two districts.
CHAPTER 3. Operation of Surviving District §§ 33135–33146 · 12 sections
- § 33135 Except as in this part expressly provided the surviving district shall be in all respects operated, managed, and governed, its directors and officers shall be…
- § 33136 In addition to the powers in this part conferred, the surviving district has all of the powers and duties of a storm water district as now or hereafter…
- § 33137 In addition to the powers in this part conferred the board of directors and officers of the surviving district shall perform all functions of boards of…
- § 33138 In the case of conflict between the Storm Water District Act of 1909 and this division, this division prevails.
- § 33139 Notwithstanding anything contained in this part, the surviving district may provide for and carry on the construction, operation, and maintenance of works,…
- § 33140 All actions and proceedings pending by or against the storm water district at the time of the merger may be prosecuted to final judgment for or against the…
- § 33141 After the merger no action or proceeding shall be brought for or against the storm water district or its trustees or officers.
- § 33142 All actions and proceedings commenced after the merger either on account of affairs of the storm water district or affairs of the county water district shall…
- § 33143 All outstanding bonded and other indebtedness of the storm water district and of the county water district at the time of the merger has been assumed by the…
- § 33144 The board of directors and officers of the surviving district shall perform all duties and functions of the board of trustees and corresponding officers of the…
- § 33145 All money required for repair, operation, and maintenance of improvements constructed by the storm water district and the cost of which was borne by the owners…
- § 33146 Land may be added to the surviving district or excluded therefrom in any manner and with the same effect as provided in this division.
CHAPTER 4. Storm Water Unit §§ 33160–33162 · 3 sections
- § 33160 The surviving district contains an improvement district, designated “Storm Water Unit,” which consists of land in the storm water district at the time of the…
- § 33161 The storm water unit shall solely be and remain taxable or assessable for bonds, indebtedness, works, improvements, and functions authorized by the Storm Water…
- § 33162 Land may be added to or excluded from the storm water unit in a manner as nearly as may be as land is added to or excluded from county water districts as…
PART 9.1. COSTA MESA MERGER §§ 33200–33249 · 28 sections
CHAPTER 1. General Provisions §§ 33200–33207 · 8 sections
- § 33200 This part shall be known and may be cited as the Costa Mesa District Merger Law.
- § 33201 The State and the people thereof have a primary and supreme interest in securing to the inhabitants, property owners and water users within the City of Costa…
- § 33202 The City of Costa Mesa was incorporated on June 29, 1953, primarily for the purpose of providing municipal functions and services, including the providing of a…
- § 33203 This part is enacted partially under the authority expressly granted in Section 13 of Article XI of the Constitution of this State.
- § 33204 This part shall be given a liberal construction for the purpose of sustaining any and all proceedings taken hereunder.
- § 33205 Nothing in this part shall impair or adversely affect any right of any bondholder or creditor of any of the districts involved in this merger or of the City of…
- § 33206 For the purpose of accomplishing the dissolution, merger, and creation of the new district, the City of Costa Mesa may participate to the extent of…
- § 33207 The name of the Costa Mesa County Water District as created pursuant to this part is hereby changed to the Mesa Consolidated Water District. Any reference in…
CHAPTER 2. Merger §§ 33215–33224 · 10 sections
- § 33215 The Costa Mesa County Water District is hereby created, which includes the area of the Newport Heights Irrigation District, the Fairview County Water District,…
- § 33216 The name of the new district which succeeds the preceding districts and the city water system is “Costa Mesa County Water District.”
- § 33217 The new district is a public agency of the State and shall in all respects be operated, managed and governed as provided by law for county water districts…
- § 33218 The Newport Heights Irrigation District, Fairview County Water District, the Newport Mesa County Water District, and the Newport Mesa Irrigation District are…
- § 33219 The dissolution of the Fairview County Water District, the Newport Mesa County Water District, the Newport Heights Irrigation District, and the Newport Mesa…
- § 33220 The boards of directors of the Newport Heights Irrigation District, Fairview County Water District, the Newport Mesa County Water District, and the city…
- § 33221 As the Newport Mesa Irrigation District has been inactive for a number of years by reason of the formation of an overlapping district known as the Newport Mesa…
- § 33222 On the first day of the second month following the sixty-first day after the effective date of this part, and if the districts and the city have adopted the…
- § 33223 The boards of directors of the Newport Heights Irrigation District, Fairview County Water District, and Newport Mesa County Water District, and the City…
- § 33224 Any assessments levied by or on behalf of the districts, or any bills or statements rendered by or on behalf of the districts, being dissolved and merged into…
CHAPTER 3. Operation of New District §§ 33240–33249 · 10 sections
- § 33240 Except as in this part expressly provided, the new Costa Mesa County Water District shall be in all respects operated, managed and governed, its directors and…
- § 33241 Any and all actions and proceedings pending by or against any of the districts dissolved hereby at the time of their dissolution and merger into the new…
- § 33242 After the effective date of the dissolution and merger of the districts into the new Costa Mesa County Water District, no action or proceeding shall be brought…
- § 33243 All outstanding bonded and other indebtednesses of the dissolved and merged districts are hereby assumed by the Costa Mesa County Water District, and all…
- § 33244 Upon the dissolution of the named districts, their merger into the Costa Mesa County Water District, and the transfer of the water system by the City of Costa…
- § 33245 The boards of directors of the Newport Heights Irrigation District, the Fairview County Water District, and the Newport Mesa County Water District, and the…
- § 33246 The board of directors of the Costa Mesa County Water District shall, as soon as possible after the formation of the district, cause an appraisal to be made of…
- § 33247 The Board of Directors of the Costa Mesa County Water District shall, by January 1, 1977, adopt a resolution dividing the Costa Mesa County Water District into…
- § 33248 The districts and the city shall, pursuant to this part, execute any and all documents necessary to complete the transfer of assets as herein provided.
- § 33249 The Board of Directors of the Costa Mesa County Water District shall enforce the same or similar provisions as Ordinance No. 122 of the City of Costa Mesa,…
PART 10. REPEALS §§ 33900–33901 · 2 sections