PART 5. POWERS AND PURPOSES [31000. - 31182.]

Part 5 added by Stats. 1949, Ch. 274.

§§ 31000–31182 · 164 sections

CHAPTER 1. Powers and Purposes Generally §§ 31000–31149.7 · 147 sections
1. 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,…
2. 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…
3. 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…
4. 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…
5. 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…
6. 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…
7. 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…
8. 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…
9. 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
10. 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…
11. 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…
12. 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…
13. 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…
14. 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…
15. 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…
16. 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…
17. 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
1. 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…
2. 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…
3. 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.