DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000. - 48401.]
Division 14 added by Stats. 1951, Ch. 391.
§§ 39000–48401 · 681 sections
PART 1. INTRODUCTORY PROVISIONS §§ 39000–39082 · 39 sections
CHAPTER 1. Short Title § 39000 · 1 section
- § 39000 This division shall be known and may be cited as the California Water Storage District Law.
CHAPTER 2. Definitions §§ 39010–39035 · 24 sections
- § 39010 Unless the context otherwise requires, the provisions of this chapter shall govern the construction of this division.
- § 39011 The definition of a word applies to any of its variants.
- § 39012 “District” means any water storage district formed pursuant to the California Water Storage District Act or this division.
- § 39013 “Include,” except when used in relation to the inclusion of land into a district, does not necessarily exclude matters not enumerated.
- § 39014 “Land,” except in Chapter 2 of Part 10, means land in the district or proposed district involved.
- § 39015 “Affected county” means any county in which land is situated.
- § 39016 “Board” means the board of directors of a district.
- § 39017 “President” means the president of the board.
- § 39018 “Secretary” means the secretary of the board.
- § 39019 “Treasurer” means the treasurer of a district.
- § 39020 “Holder of title” includes a holder of evidence of title and, also, a holder of land under a possessory right acquired by entry or purchase from the United…
- § 39021 “Property,” except in Part 9, embraces all real and personal property, including water, water rights, works, franchises, concessions and rights.
- § 39022 “Works” includes water works, conduits, reservoirs, storage sites, water sheds, machinery, wells, pumps, dams, storage tanks, tunnels, hydrants, meters, other…
- § 39023 “Conduit” includes canals, laterals, ditches, flumes, pipes, and their appurtenances.
- § 39024 “Acquire” includes construct, purchase, lease, exchange, condemn, jointly acquire when joint acquisition is permitted, and contract to acquire.
- § 39025 “Dispose” includes sell, contract to lease, contract to sell, and the making of any instrument necessary therefor.
- § 39026 “Operate” includes use, maintain, and repair.
- § 39027 “General election” is the election required to be held in districts in each odd-numbered year.
- § 39028 “Special election” means any election other than a general election.
- § 39030 “Acknowledged” means acknowledged and certified in the same form and manner as is required for recording of conveyances of real property.
- § 39031 “Office county” means the county in which the office of the district is kept.
- § 39033 “Other district” means any district or other public agency formed under any law of the state.
- § 39034 “Principal county” means the county in which the greater portion of the land of a district is located.
- § 39035 “Board of supervisors” means the board of supervisors of the principal county.
CHAPTER 3. General Provisions §§ 39050–39060 · 11 sections
- § 39050 For all purposes of this division relating to signing petitions and voting at any election, and for all other purposes when the question of title to or value…
- § 39051 If any parcel of land is assessed on any assessment roll to unknown or fictitiously named owners or to unnamed owners in addition to any owners named thereon,…
- § 39052 The holder of title to an undivided interest in land affected by any of the provisions of this division may sign any petition or vote at any election provided…
- § 39053 If the assessment roll fails to indicate the extent of any undivided interest the holders of title whose undivided interests in any land are not specifically…
- § 39054 The certificate of the register of the United States Land Office for the district in which the land is situated, or of the State Lands Commission, is…
- § 39055 Guardians, conservators, personal representatives, and other persons holding land in a trust capacity under appointment of court may sign any petition and may…
- § 39056 A certificate of acknowledgment taken before a notary public or justice of the peace of any state, or an affidavit by any person in the presence of whom a…
- § 39057 Whenever any notice or publication, or notice of publication, or official advertising, or publication of process is required to be given or made by the…
- § 39058 As to any land belonging to a person under guardianship or conservatorship or comprised in the undistributed estate of a decedent, the guardian or conservator…
- § 39059 The powers herein conferred upon the department and board are police and regulatory powers and are necessary to the accomplishment of a purpose that is…
- § 39060 The districts formed pursuant to this division are districts of the nature of irrigation, reclamation, or drainage districts in respect to all matters…
CHAPTER 4. Department of Water Resources and State Treasurer §§ 39080–39082 · 3 sections
ARTICLE 1. Powers and Duties §§ 39080–39082 · 3 sections
- § 39080 The department shall have the powers and duties conferred upon it by this division and further powers and authority necessary to enable it to fully perform the…
- § 39081 The department shall give information, so far as may be practicable, to persons contemplating the formation of a district.
- § 39082 Whenever the department deems it in the public interest that preliminary surveys and field investigations of proposed district projects shall be made at the…
PART 2. FORMATION §§ 39400–40104 · 52 sections
CHAPTER 1. Petition for Formation §§ 39400–39466 · 18 sections
ARTICLE 1. Petitioners and Land §§ 39400–39402 · 3 sections
- § 39400 A majority in number of the holders of title to land irrigated or susceptible of irrigation from a common source and by the same system of works, who are also…
- § 39401 The proposed district may include land situated in other distinctive district agencies of the State, including other water storage districts having different…
- § 39402 The land proposed to be formed into a district need not consist of contiguous parcels.
ARTICLE 2. Petition §§ 39425–39431 · 7 sections
- § 39425 A petition for the formation of a district shall set forth generally: (a) The boundaries of the proposed district or a description of the land. (b) The…
- § 39426 The petition may consist of any number of separate instruments, which shall be duplicates except as to signatures.
- § 39427 The petitioners shall file with the petition a list of the names and addresses of all persons holding title to land within the proposed district as shown by…
- § 39428 The petition shall also be accompanied by a sufficient undertaking, to be approved by the department, in double the amount of the probable cost of forming the…
- § 39429 The department may require the furnishing of any additional undertaking or payment of money it deems necessary.
- § 39430 The formation petition and accompanying documents shall be presented to and filed with the department.
- § 39431 Signatures to the petition may be withdrawn at any time before its publication is commenced by filing a declaration signed and acknowledged by the petitioner…
ARTICLE 3. Time and Place of Hearing § 39440 · 1 section
- § 39440 Upon the presentation and filing of the formation petition and undertaking the department shall forthwith fix a time and place for the hearing of the petition.…
ARTICLE 4. Publication §§ 39460–39466 · 7 sections
- § 39460 The department shall publish the formation petition and a notice of the time and place of the hearing on the petition in each affected county once a week for…
- § 39461 The notice shall not be published until five days after the filing of the petition and undertaking in the office of the department.
- § 39462 When the petition consists of a number of separate instruments, only one copy need be published, but the names attached to all of the instruments shall appear…
- § 39463 The notice shall be issued by the department, shall refer to the petition, and shall be directed to the petitioners, all other persons holding title to land,…
- § 39464 No defect in the form or contents of the published notice, title to it, or petition, nor failure to publish or error in publishing any signature to the…
- § 39465 The department shall give personal notice by registered mail to all holders of title to land whose names and addresses appear on the list filed pursuant to…
- § 39466 The department shall make and keep for public inspection an affidavit giving the date of mailing and the names and addresses of holders of title to land to…
CHAPTER 2. Investigation by Department §§ 39600–39605 · 6 sections
- § 39600 The department shall determine the practicability, feasibility, and utility of the proposed project, and for that purpose may make all necessary studies,…
- § 39601 The department, for the purposes of the determination, may employ all necessary assistants, or acquire and use any existing estimates, surveys, and reports.
- § 39602 The total of all expenses incurred pursuant to this chapter shall not exceed a sum in dollars equal in amount to one-fourth the number of acres in the proposed…
- § 39603 The department shall issue warrants to pay expenses incurred pursuant to this chapter, which warrants shall be considered and treated as warrants of the…
- § 39604 Provision may be made for payment of warrants issued pursuant to this article in any bond issue authorized for the purposes of the district.
- § 39605 If the district is not organized, any warrants issued by the department shall be a charge upon the undertakings provided for in this part and shall thereupon…
CHAPTER 3. Hearing on Formation §§ 39750–39800 · 10 sections
ARTICLE 1. Preliminary Determination §§ 39750–39753 · 4 sections
- § 39750 At the hearing the department shall determine and express by order whether or not the petition and notice complies with this part.
- § 39751 The department shall hear all competent and relevant testimony offered in support of or in opposition to the sufficiency of the petition and the publication of…
- § 39752 The hearing may be adjourned from time to time, not exceeding 30 days in all.
- § 39753 If the department determines that any of the requirements of this part were not complied with, the petition shall be dismissed without prejudice to the right…
ARTICLE 2. Hearing on Petition §§ 39775–39800 · 6 sections
- § 39775 If the department determines that all requirements of Chapter 1 of this part were complied with, the department shall forthwith hear the petition and all…
- § 39776 At the conclusion of the final hearing on the petition the department shall make an order containing all of the following: (a) Reaffirmance when it is…
- § 39777 The order on final hearing shall also divide the proposed district into five, seven, nine, or eleven divisions so as to segregate into separate divisions lands…
- § 39778 The order shall be entered in full upon the records of the department.
- § 39779 A copy of the order certified by the department together with a map showing the exterior boundaries of the district and indicating the land, if any, excluded…
- § 39800 A finding of the department in favor of the genuineness and sufficiency of the petition and the regularity and sufficiency of the notice shall be conclusive…
CHAPTER 4. Election on Formation §§ 39900–39933 · 13 sections
ARTICLE 1. Calling of Election §§ 39900–39903 · 4 sections
- § 39900 Upon filing the order on final hearing of the formation petition, the department shall within 60 days give notice of an election to be held in the proposed…
- § 39901 The notice of the formation election shall contain: (a) A description of the boundaries of the proposed district or the land included. (b) A description of…
- § 39902 The notice of the formation election shall be published once a week for at least three weeks prior to the election in each affected county.
- § 39903 In the order calling the election, the department shall designate voting places and appoint three holders of title to land to act as a board of election at…
ARTICLE 2. Conduct of Election §§ 39925–39933 · 9 sections
- § 39925 Not less than 10 days before the formation election, any 10 or more voters in any division of the proposed district may file with the department a petition…
- § 39926 For the purposes of the formation election the department shall establish and define the boundaries of one or more election precincts for each division in the…
- § 39927 The formation election shall be conducted as nearly as practicable in accordance with the provisions of this division concerning general elections, but no…
- § 39928 At the formation election there shall be elected a board of directors corresponding in number to the number of divisions in the district.
- § 39929 No director shall be elected by the district at large, but one director shall be elected by each division to represent that division.
- § 39930 The directors shall qualify in the same manner as directors elected at a general election, as provided in this division.
- § 39931 On the ballots provided for the formation election shall be printed: (a) To the right of or below the question on the ballot, the words “Yes” and “No” on…
- § 39932 The department shall on the second Monday following the formation election canvass the votes cast thereat and if upon the canvass it appears that a majority of…
- § 39933 If upon the canvass it appears that a majority of all the votes cast are “Water storage district—No,” the result shall be declared and recorded in the records…
CHAPTER 5. Establishment of District §§ 40100–40104 · 5 sections
- § 40100 If a majority of all the votes cast at the formation election are “Water storage district—Yes,” the department shall by an order entered in the records kept by…
- § 40101 The department shall immediately file for record in the office of the county recorder of each affected county a certified copy of the order declaring the…
- § 40102 From the filing for record of the order declaring the district formed the formation of the district is complete.
- § 40103 At the time the department declares the district formed it shall issue certificates of election to each person elected a director.
- § 40104 The department shall immediately file with the Secretary of State a certificate listing: (a) The name of the district. (b) The date of formation. (c) The…
PART 3. INTERNAL ORGANIZATION §§ 40300–40800 · 31 sections
CHAPTER 1. Officers §§ 40300–40383 · 18 sections
ARTICLE 1. Qualification and Tenure §§ 40300–40307 · 8 sections
- § 40300 Directors, irrespective of the method of their selection, take office as soon as they qualify, except that directors elected at a general election take office…
- § 40301 Within 10 days after receiving his certificate of election or being appointed, each director shall take and subscribe the official oath, and file it in the…
- § 40302 The members of the board elected at the formation election shall at their first meeting classify themselves by lot into two classes as nearly equal in number…
- § 40303 After such classification the board shall elect a president from their number and appoint a secretary and treasurer, each of whom shall hold office during the…
- § 40304 On the day of the regular meeting of the board in April next following each general election, the directors shall meet and organize as a board, elect a…
- § 40305 The board may elect a vice president and appoint an assistant secretary to serve during the pleasure of the board.
- § 40306 The term of office of each director elected after the formation election shall be four years, and until his or her successor is elected and has qualified. Upon…
- § 40307 In order to be nominated and eligible for the office of director, a candidate shall be a holder of title within the district. If a holder of title to land is…
ARTICLE 2. Official Bonds §§ 40330–40336 · 7 sections
- § 40330 The amount of the bond to be given by the secretary for the faithful performance of his duties shall be fixed by the board.
- § 40331 The treasurer of the district shall execute a bond in an amount to be fixed by the board, the minimum amount thereof not to be less than ten thousand dollars…
- § 40332 Each member of the board shall execute a bond in the sum of five thousand dollars ($5,000).
- § 40333 The bonds of the first directors of any district may be approved by a judge of the superior court of any affected county and recorded in the office of the…
- § 40334 The bonds of the directors, other than the first directors, shall be approved by a judge of the superior court, recorded in the office of the recorder of the…
- § 40335 All bonds shall be made payable to the district and be in the form prescribed for the official bonds of county officers. Premiums may be paid by the district.
- § 40336 If any district is appointed fiscal agent of or by the United States in connection with any federal reclamation project, the directors and the treasurer shall…
ARTICLE 3. Compensation §§ 40355–40356 · 2 sections
- § 40355 (a) A director, when sitting on the board or acting under its orders, shall receive not exceeding: (1) One hundred dollars ($100) per day, not exceeding six…
- § 40356 The board shall fix the compensation to be paid to all other officers and employees provided for in this division, to be paid out of the treasury of the…
ARTICLE 4. Misconduct § 40383 · 1 section
- § 40383 For wilful violation of any express duty provided for in this division on the part of any officer named in this division, he shall be liable upon his official…
CHAPTER 2. Appointments to Fill Vacancies § 40500 · 1 section
- § 40500 A vacancy in the office of director shall be filled pursuant to Section 1780 of the Government Code.
CHAPTER 3. Board Meetings and Duties §§ 40650–40659 · 11 sections
- § 40650 The directors elected at the formation election shall on the first Tuesday after their election and qualification meet and organize as a board and designate an…
- § 40651 The board shall hold a regular meeting each month at the place selected as the district office.
- § 40652 The board may by resolution duly entered upon its minutes fix any other time or place for the regular monthly meeting, but no such change shall become…
- § 40653 Special meetings of the board may be held as required for the proper transaction of the business of the district, but shall be ordered by a majority of the…
- § 40654 The order calling a special meeting shall be entered of record and specify the business to be transacted. Five days’ notice of the order must be given to each…
- § 40655 No other business than that specified in the order may be transacted at a special meeting unless all the members are present and consent to the consideration…
- § 40656 All meetings of the board shall be public and a majority shall constitute a quorum for the transaction of business. A smaller number of directors than a quorum…
- § 40657 All records of the board shall be open to public inspection during business hours.
- § 40657.5 A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
- § 40658 The board shall manage and conduct the business of the district.
- § 40659 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,…
CHAPTER 4. Change of Office § 40800 · 1 section
- § 40800 The office of the board and its place of meetings may be changed by a majority vote of the board, but no such change shall become effective until after the…
PART 4. ELECTIONS §§ 41000–41905 · 81 sections
CHAPTER 1. Voters and Qualifications §§ 41000–41020 · 21 sections
- § 41000 Only the holders of title to land are entitled to vote at a general election.
- § 41001 Each voter may vote in each precinct in which any of the land owned by him is situated and may cast one vote for each one hundred dollars ($100), or fraction…
- § 41002 Each male or female voter over the age of 18 years may vote in person or by proxy.
- § 41003 Any guardian, conservator, administrator, or executor, of a person or estate owning land within the district shall be considered the holder of title to land…
- § 41004 Any corporation holding title to land within the district is entitled to vote through any officer or agent authorized in writing under the seal of the…
- § 41005 No person shall vote by proxy unless his authority to cast such vote is evidenced by an instrument acknowledged and filed with the board of election.
- § 41006 Notwithstanding the provisions of any other section of this division, if a holder of title to land enters into a contract for the sale of the land on deferred…
- § 41007 At least 20 days prior to any district election, the secretary shall prepare a list for each precinct showing: (a) The names of the holders of title to land…
- § 41008 Each precinct list shall be delivered to the election board for the precinct prior to the election.
- § 41009 At least five days prior to each election, the secretary shall notify in writing each holder of title to land named as the seller in any contract on file in…
- § 41010 Any person entitled to vote at a district election may challenge the right of a purchaser to vote in accordance with the provisions of Section 41006.…
- § 41011 Where property has been conveyed prior to the election and the change of interest does not appear by the assessment roll, the original deed of conveyance or a…
- § 41012 Any person not legally qualified to vote who makes any false statement in respect to his right to vote shall incur all of the penalties provided in the…
- § 41013 The department prior to the formation election, and at all subsequent elections the board, shall prepare, certify, and furnish to the election board at each…
- § 41014 The department or the board shall likewise prepare and furnish to the election boards lists certified by the register of the United States Land Office or the…
- § 41015 The lists shall contain the names of the persons entitled to possessory rights and the quantity of land held by each.
- § 41016 The most recent county assessment rolls and lists, or, if applicable, the election roll prepared in accordance with Section 41027, shall be used by the…
- § 41017 Where a tract of land is situated partly within and partly without the boundaries of a precinct and the assessment roll contains a valuation of the tract as a…
- § 41018 If there is included in any assessment roll or list furnished to an election board any land which has no valuation assigned to it, the department or the board,…
- § 41019 The value shall be arrived at as nearly as may be done in the same manner and upon the same basis as was the valuation for purposes of taxation assessed upon…
- § 41020 The valuation made by the county assessor shall be furnished to the election board of the precinct in which the land is situated and shall be used by the…
CHAPTER 1.5. Alternative Election Roll §§ 41025–41028 · 4 sections
- § 41025 As an alternative to using the most recent county assessment roll, the board may cause an election roll to be prepared and used for determining ownership and…
- § 41026 (a) The board shall have a preliminary election roll prepared pursuant to subdivision (b) by a registered civil engineer. The engineer shall prepare the…
- § 41027 (a) The board shall hold a public hearing to receive any testimony regarding the preliminary election roll. The hearing may be continued from time to time.…
- § 41028 The final election roll shall be used for all purposes relating to elections, until subsequently modified in accordance with the procedures set forth in this…
CHAPTER 2. Redivision and Establishing of Precincts §§ 41150–41155 · 5 sections
- § 41150 The board shall establish a convenient number of election precincts in the district and define the boundaries thereof. At least one precinct must be…
- § 41151 The board may at any time, but not less than 60 days before an election to be held in the district, change the boundaries of any election precinct. The changes…
- § 41153 The redivision order of the board shall be filed in the office of the secretary and a copy certified by the secretary shall be filed with the department.
- § 41154 The board shall at its next regular meeting establish a convenient number of election precincts in each of the new divisions. No precinct shall include any…
- § 41155 The directors in office at the time new divisions are established shall continue in office for the divisions from which they were elected until the expiration…
CHAPTER 3. General Elections §§ 41300–41443 · 39 sections
ARTICLE 1. Preliminary Procedure and Nominations §§ 41300–41308 · 9 sections
- § 41300 An election, known as the general water storage district election, shall be held in each district on the first Tuesday after the first Monday in March in each…
- § 41301 Prior to the election, the board shall appoint for each precinct, from the voters thereof, one inspector and two judges, who constitute an election board for…
- § 41302 Not less than 24 days before a general election, the secretary shall give notice of the election by causing a notice to be published once a week for three…
- § 41303 Affidavits of the publication and posting of the election notices shall be filed with the county elections official of each affected county, together with a…
- § 41304 The board shall, by order made more than 24 days before the time for election, designate a convenient place within each precinct as the polling place of the…
- § 41305 Not less than 60 days before the election, any 10 or more voters in any division of the district may file with the board a petition requesting that the name of…
- § 41306 The petitions shall be preserved in the office of the secretary.
- § 41307 If, by the 59th day prior to the election, only one person has been nominated as provided in Section 41305 for any elective office to be filled at that…
- § 41308 Not less than 84 days before a general election, the secretary shall give notice of the provisions of Sections 41305 and 41307 by causing a notice to be…
ARTICLE 2. Ballots §§ 41330–41338 · 9 sections
- § 41330 The ballots used at the election shall be provided by the board.
- § 41331 One of the judges of the election shall deliver to each of the voters one ballot for the votes to which the voter is entitled by this division.
- § 41332 Each ballot cast shall contain the number of votes it represents, which number shall be written or stamped upon it by an election officer and initialed by him…
- § 41333 Each ballot shall have a perforated tab which shall be marked with the initials of a member of the board of election of the precinct immediately before being…
- § 41334 The perforated tab shall be torn from the ballot by the inspector immediately before the voted ballot is placed in the ballot-box, and shall be preserved by…
- § 41335 The ballots shall have printed on them the names of all candidates whose names have been filed as provided in this division, with a voting square to the right…
- § 41336 The names shall be arranged in groups under the designation of the office for which each person named is a candidate, in order determined by random drawing…
- § 41337 The ballots in each division of the district shall contain names of persons to be voted for as director to represent that division only.
- § 41338 No director shall be elected by the district at large, unless a court of competent jurisdiction has determined or hereinafter so determines.
ARTICLE 3. Conduct at Precincts §§ 41360–41367 · 8 sections
- § 41360 If the board fails to appoint an election board or the members appointed do not attend at the opening of the polls on the morning of election, the voters of…
- § 41361 The inspector is chairman of the election board. He may administer all oaths required in the process of an election and appoint judges if, during the progress…
- § 41362 Any member of the election board may administer and certify oaths required to be administered during the progress of an election.
- § 41363 Before opening the polls, each member of the election board must take and subscribe an oath to faithfully perform the duties imposed upon him by law. Any voter…
- § 41364 Unless the board fixes other hours, the polls shall be opened at 6 a.m. on the morning of the election and closed at 7 p.m.
- § 41365 The board may, in the notice of election, fix the hours for the opening and closing of the polls; but the polls shall be kept open for not less than six…
- § 41366 A list shall be kept by the election board containing the names of each voter who has voted and the number of votes cast by each. If the ballot is cast by…
- § 41367 Voting may commence as soon as the polls are opened, may continue during all the time the polls remain opened, and shall be conducted as nearly as practicable…
ARTICLE 4. Returns of Election §§ 41390–41395 · 6 sections
- § 41390 The ballots shall be strung upon a cord or thread by the inspector during the counting in the order in which they are entered upon the tally list by the judges.
- § 41391 As soon as all votes are counted a certificate shall be drawn upon each of the papers containing the poll lists and tallies, or attached thereto, stating in…
- § 41392 One of the certificates, with the poll list and the tally paper to which it is attached, shall be retained by the inspector and preserved by him at least six…
- § 41393 The ballots, together with the other certificate with the poll list and tally paper to which it is attached, shall be: (a) Sealed by the inspector in the…
- § 41394 If any voter of the district is of the opinion that the vote of any precinct has not been correctly counted, he may appear on the day appointed for the board…
- § 41395 No list, tally paper, or certificate returned from any election shall be set aside or rejected for want of form if it can be satisfactorily understood.
ARTICLE 5. Canvass §§ 41415–41417 · 3 sections
- § 41415 The board shall meet at its usual place of meeting on the first Monday after each election to canvass the returns.
- § 41416 If at the time of meeting the returns from each precinct in the district in which the polls were opened have been received, the board shall then and there…
- § 41417 The canvass shall be made in public and by opening the returns and ascertaining the vote of the district for each person voted for, and declaring the result.
ARTICLE 6. Results of Election §§ 41440–41443 · 4 sections
- § 41440 The person receiving the highest number of votes for each office to be filled at the election shall be elected.
- § 41441 The board shall declare elected as director the person having the highest number of votes for that office in each division.
- § 41442 The secretary shall immediately make out and deliver to the elected persons certificates of election signed by him and authenticated with the seal of the…
- § 41443 The secretary shall enter in the records of the board a statement of the result of the election as soon as it is declared. The statement shall show: (a) The…
CHAPTER 4. Special Elections §§ 41550–41555 · 6 sections
- § 41550 If a general election is not held as provided in this part, then upon the filing of a petition with the secretary, signed by the holders of title to more than…
- § 41551 Notice of any special election to be held pursuant to the provisions of this division shall be given by posting notices in three public places in each election…
- § 41552 The notice shall specify the time, place, and purpose of the election.
- § 41553 If, by the ninth day prior to the special election, only one person has been nominated as provided in Section 41555, or no one has been nominated for the…
- § 41554 No informalities in conducting the special election shall invalidate it, if otherwise fairly conducted.
- § 41555 Not less than 10 days before the special election, any 10 or more voters in any division of the district may file with the board a petition requesting that the…
CHAPTER 6. Contest of Elections §§ 41900–41905 · 6 sections
- § 41900 Any election held under the provisions of this division may be contested by any holder of title to land liable to assessment.
- § 41901 The contest shall be brought in the superior court of any affected county and shall be conducted in the manner provided for contests of election by the…
- § 41902 The court shall determine upon the hearing whether the election was fairly conducted and in substantial compliance with the requirements of this division.
- § 41903 The contest shall be brought within 20 days after the declaration of the result.
- § 41904 Either party of record has the right to appeal within 30 days from entry of judgment.
- § 41905 The appeal shall be heard and determined by the Supreme Court within 60 days from the time of the filing of the notice of appeal.
PART 5. DISTRICT PROJECT §§ 42200–42752 · 52 sections
CHAPTER 1. The Project §§ 42200–42297 · 21 sections
ARTICLE 1. Plans, Specifications, and Estimate of Costs §§ 42200–42202 · 3 sections
- § 42200 Upon the organization of a district, the board shall make or cause to be made all examinations, surveys, plans and specifications, and estimates of costs for…
- § 42201 The board may use and adopt all previous estimates, surveys, reports, and other data it may have or acquire.
- § 42202 The cost of the examinations, surveys, plans, specifications, and estimates is a part of the expense of the project. The board may issue warrants therefor,…
ARTICLE 2. Units of Construction §§ 42225–42227 · 3 sections
- § 42225 The board may at any time and from time to time segregate and divide the plans, specifications, and estimates of cost into one or more units of construction,…
- § 42226 In the event of the division of the project into units of construction, and the specification of one or more units for future construction, the board shall,…
- § 42227 Upon resolving to construct a unit, the board may amend the plans, specifications, and estimates of costs of the unit by making changes, modifications, and…
ARTICLE 3. Acquisition of Property §§ 42250–42252 · 3 sections
- § 42250 If the board proposes to acquire property for the purposes or use of the district by purchase or lease, or in any manner other than by condemnation…
- § 42251 Except where it is proposed to be acquired by eminent domain proceedings, no property belonging to any water corporation which is a public utility shall be…
- § 42252 A certified copy of any order of authority made by the Public Utilities Commission shall be made a part of and filed with the report of the board. Unless the…
ARTICLE 4. Filing the Report §§ 42275–42280 · 4 sections
- § 42275 Upon completion of the examination and study of the proposed project by the board, the board shall prepare and file a report with the secretary.
- § 42276 The report shall set forth in detail all the following: (a) The character and nature of the proposed works. (b) A description of the rights both to water and…
- § 42279 If the board determines before preparing and filing its report to segregate and divide the plans, specifications, and estimates into more than one unit of…
- § 42280 If the board of any district fails to complete and file its report within 10 years from the date of the filing of the order of the department declaring the…
ARTICLE 5. Improvement Districts §§ 42290–42297 · 8 sections
- § 42290 The board may by resolution determine that it is likely that the project or unit will benefit only a portion of the district. If the board so determines, the…
- § 42291 The board shall fix the time and place for any such hearing, and shall cause notice of such hearing, setting forth the purpose, time and place thereof, to be…
- § 42292 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. Any person…
- § 42293 At the conclusion of the hearing, the board shall by resolution determine whether the whole or only a portion of the district will be benefited by the project…
- § 42294 The determination of the board establishing an improvement district shall be final and conclusive.
- § 42295 After the establishment of an improvement district within a district pursuant to this article: (a) All proceedings with respect to the project or unit for…
- § 42296 An improvement district shall be governed, and its business shall be conducted, by the board and officers of the district in the name of the improvement…
- § 42297 All of the provisions of this part, except Section 42280, all of the provisions of Part 6 (commencing with Section 43000) of this division, all of the…
CHAPTER 2. Recommendation of Abandonment of Project §§ 42301–42361 · 15 sections
ARTICLE 1. Investigation by the Board § 42301 · 1 section
- § 42301 If the board recommends that the project be abandoned, the board may call a special election to be held in the district for the purpose of determining whether…
ARTICLE 2. Election §§ 42325–42332 · 7 sections
- § 42325 If a special election is called by the board pursuant to Article 1 of this chapter, the board shall within 30 days after calling the election give notice of…
- § 42326 The notice shall be published once a week for at least three weeks previous to the election in each affected county.
- § 42328 For the purposes of the special election, the board shall establish a convenient number of election precincts and define their boundaries.
- § 42329 At the time of calling the election, the board shall in its order designate voting places and appoint three landholders of the district to act as a board of…
- § 42330 The election shall be conducted as nearly as practicable in accordance with the provisions of this division relating to general elections, but no particular…
- § 42331 The qualifications of voters at the election shall be the same as prescribed for the formation election.
- § 42332 The votes cast at the election shall be canvassed by the board in the same manner as votes cast at the formation election, and the result of the special…
ARTICLE 3. Proceedings After Election §§ 42355–42361 · 7 sections
- § 42355 If the canvass of the votes cast at the special election shows more than one-half of all votes cast are “Completion of project—Yes” and also shows that more…
- § 42356 If completion of the project is not approved at the election, the board may modify the project or propose a new project. If a revised report is not prepared…
- § 42357 The order of abandonment shall require all persons having claims against the district or proposed district, except the holders of warrants issued pursuant to…
- § 42358 Notice of the order requiring presentation of claims stating the time and place shall be published by the board in the county in which the office of the…
- § 42359 After all warrants issued under the provisions of this division which have been presented for payment and all claims that have been presented and have been…
- § 42360 After the filing of the copy of the order the district is dissolved.
- § 42361 All liens which have attached to land under any provisions of this division are discharged with the filing of the copy of the order, and any undertakings given…
CHAPTER 3. Recommendation of Completion of Project §§ 42525–42552 · 5 sections
ARTICLE 2. Election §§ 42525–42526 · 2 sections
- § 42525 Within 45 days after the board approves the report, it shall call a district election for the purpose of determining whether the recommendation and report…
- § 42526 The election shall be noticed, held, and conducted and the result determined and declared in all respects as nearly as possible as provided in Article 2…
ARTICLE 3. Proceedings After Election §§ 42550–42552 · 3 sections
- § 42550 If a majority of all votes cast are “Completion of project—Yes” and also a majority of the qualified voters who voted at the election voted “Completion of…
- § 42551 The board shall carry out the project of the district in accordance with the plans and specifications of the approved and adopted report of the board.
- § 42552 If completion of the project is not approved at the election, the project is abandoned.
CHAPTER 4. Project Uncompleted §§ 42700–42729 · 8 sections
ARTICLE 1. New Report §§ 42700–42702 · 3 sections
- § 42700 If any project, whether original, modified, substituted or other, already adopted under this part, remains uncompleted, whether in whole or in part, and any…
- § 42701 The report shall specify what disposition or use shall be made in the new project or otherwise of such parts of the existing project as have been completed and…
- § 42702 Thereafter all proceedings in respect of the new report shall be conducted as set forth in this part for an original report.
ARTICLE 2. Elections and Subsequent Proceedings §§ 42725–42729 · 5 sections
- § 42725 If the vote at either of the elections prescribed in this part is adverse to the report, the proposed project is abandoned. Thereafter the district shall…
- § 42726 If the vote at either of the elections is favorable to the new report, nothing further shall be done toward completion of the former project so modified or…
- § 42727 To the extent that the district is indebted or has any outstanding liabilities at the time of adoption of the report, whether contingent or otherwise, the…
- § 42728 If, after all debts and liabilities have been paid, any funds remain on hand which have been collected under the original assessment or any funds are…
- § 42729 If for any reason funds are not available to the district to defray all expenses under this article, as estimated by the board to be incurred for the general…
CHAPTER 5. Additional Projects §§ 42750–42752 · 3 sections
- § 42750 If the board shall find, by a two-thirds vote of its entire membership, that some project, other than any project (whether original, modified, substituted, or…
- § 42751 Thereafter all proceedings in respect of the additional report shall be conducted as set forth in this part for an original report.
- § 42752 If for any reason funds are not available to the district to defray all expenses under this chapter as estimated by the board to be incurred for the general…
PART 6. POWERS AND FUNCTIONS §§ 43000–44208 · 70 sections
CHAPTER 1. Water and Electricity §§ 43000–43026 · 11 sections
ARTICLE 1. Water §§ 43000–43007 · 9 sections
- § 43000 The board may acquire, improve, and operate the necessary works for the storage and distribution of water, and any drainage or reclamation works connected…
- § 43001 The board may sell, distribute, or otherwise dispose of water and water rights not necessary for the uses and purposes of the district.
- § 43002 The board may grant to the owner or lessee of a right to the use of any water permission to store the water in any reservoir of the district or to carry it…
- § 43003 The board shall establish equitable rules and regulations for the most economical and efficient distribution and use of water within the district, and pursuant…
- § 43003.5 Upon adoption of rules and regulations, or the adoption of any amendment thereto, a certified copy thereof shall be recorded with the county recorder of each…
- § 43004 In the event that the volume of water under the control of any district is in any season so diminished below normal, by reason of water shortage or otherwise,…
- § 43005 The board may enter into contracts with any or all interested parties for settlement or determination of any or all water rights on any stream system or on any…
- § 43006 In addition to levying assessments or fixing tolls and charges under Part 9 (commencing with Section 46000) of this division, and in lieu either in whole or in…
- § 43007 If tolls or charges are levied and collected in order to provide, in whole or in part, for the payment of amounts due under more than one contract, such tolls…
ARTICLE 2. Electricity §§ 43025–43026 · 2 sections
CHAPTER 2. General Powers and Functions §§ 43150–43161 · 12 sections
- § 43150 The board has all powers and authority necessary to enable it to fully perform the duties imposed upon it by this division.
- § 43151 The board may enter into any agreement with the United States or with any state, county, district, public corporation, or municipality of any kind, for a…
- § 43152 The board may: (a) Adopt a seal. (b) Make and execute all necessary contracts. (c) Employ and appoint such agents, officers, and employees as may be required,…
- § 43153 The board may construct works across or intersecting any stream of water, watercourse, street, avenue, highway, railway, or conduit in such manner as to afford…
- § 43154 The board shall restore any property altered or damaged when so crossed or intersected to its former state as nearly as may be, or in a manner so as not to…
- § 43155 Every company whose railroad is intersected or crossed by the works shall unite with the board in forming intersections and crossings, and grant privileges…
- § 43156 If any railroad company and the board, or the owners and controllers of the property to be crossed, cannot agree upon the amount to be paid for the privilege,…
- § 43157 The right of way is hereby given, dedicated, and set apart for the location, construction, and maintenance of works over and through any land which is or may…
- § 43158 All waters and water rights belonging to this State within the district are given, dedicated, and set apart for the uses and purposes of the district.
- § 43159 The department and board shall, respectively, cause to be entered in books to be kept for that purpose a complete and connected record of all their acts and…
- § 43160 The records and all documents, instruments, or other papers filed with the department, commission, or board, or a copy or copies of any thereof certified by…
- § 43161 Whenever it deems it necessary for its own guidance or for the best interests of the district, the board may submit any question or proposition relating to the…
CHAPTER 4. Property §§ 43500–43559 · 15 sections
ARTICLE 1. Acquisition of Property §§ 43500–43508 · 8 sections
- § 43500 The board may acquire by any means any property or interest in property to carry out the district purposes, including any of the following: (a) Property either…
- § 43501 The board may pay for property and rights with bonds of the district upon such terms and conditions as it deems best.
- § 43502 No bonds shall be given in payment for property or rights at a valuation less than 90 percent of their face value and accrued interest.
- § 43504 The board may take conveyances, leases, contracts, or other assurances for all property acquired by it under the provisions of this division in the name of the…
- § 43505 The legal title to all property acquired under the provisions of this division vests in the district immediately. All property is held by the district in trust…
- § 43506 The board may hold, use, manage, occupy, and possess property of the district, and may lease property of the district for oil, gas and other mineral…
- § 43507 The board may determine by resolution entered upon its minutes that any property, real or personal, held by the district is not necessary for the uses and…
- § 43508 The rights of way, ditches, canals, flumes, pipelines, dams, water rights, reservoirs, power plants, and transmission lines, and all other property of like…
ARTICLE 2. Eminent Domain §§ 43530–43532.5 · 2 sections
- § 43530 The board may acquire by condemnation all property it deems necessary for the construction, maintenance, improvement, and operation of the works or the…
- § 43532.5 Notwithstanding any other provision in this article, the board shall not commence any proceedings in eminent domain with respect to property located outside of…
ARTICLE 3. Sale of Excess Land Acquired by Condemnation §§ 43555–43559 · 5 sections
- § 43555 Where the district has acquired fee title to, or any interest in, land through condemnation proceedings and the board, pursuant to Section 43507, determines…
- § 43556 Written notice of sale shall be published in a newspaper of general circulation published in the district, or if there is no such newspaper, then within the…
- § 43557 At the time and place set for the sale the board shall open any bids received in response to the notice, announce such bids, and call for oral bids. When all…
- § 43558 The owners of contiguous land have a preference for a period of thirty (30) days after the highest bid is announced to purchase at such highest bid price. No…
- § 43559 Upon the expiration of the 30-day period any sale and conveyance made pursuant to the board’s award of bid or any sale and conveyance made pursuant to the…
CHAPTER 5. Controversies §§ 43700–43850 · 10 sections
ARTICLE 1. Actions and Proceedings §§ 43700–43707 · 8 sections
- § 43700 A district may commence and maintain any actions and proceedings to carry out its purposes or protect its interests and may defend in any action or proceeding…
- § 43701 In all actions or proceedings the board may sue, appear, and defend in person or by attorneys and in the name of the district.
- § 43702 Service of summons upon a district may be made by serving it upon the secretary or a majority of the directors.
- § 43703 The costs of any action, proceeding, or contest may be allowed and apportioned between the parties or taxed to the defeated party in the discretion of the…
- § 43704 All findings of fact or conclusions of the department, commission, or board upon all matters shall be conclusive unless the action, proceeding, or contest is…
- § 43705 If two or more actions or contests are pending at the same time in the same court or before the same tribunal for the purpose of contesting or determining the…
- § 43706 The court or other tribunal before which any action, proceeding, or contest is brought involving the regularity, legality, validity, or correctness of any…
- § 43707 In all actions, proceedings, or contests the rules of pleading and practice provided by the Code of Civil Procedure shall apply, insofar as they are not…
ARTICLE 2. Validating Proceedings § 43730 · 1 section
- § 43730 An action to determine the validity of bonds, assessments, contracts, including contracts with the state, the department, any other district, or the United…
ARTICLE 3. Limitations § 43850 · 1 section
- § 43850 Notwithstanding any other provision of this division, no action, proceeding, or contest shall be brought or maintained before any court or other tribunal…
CHAPTER 6. Cooperation With the United States, the State and Other Districts §§ 44000–44105 · 17 sections
ARTICLE 1. Contracts §§ 44000–44006 · 5 sections
- § 44000 Any district may cooperate and contract with the state, the department, any other district, or the United States under any laws of the state or the Federal…
- § 44001 The cooperation and contract may be for any or all of the following purposes: (a) Construction, acquisition, purchase, extension, operation, or maintenance of…
- § 44002 Any contract made between a district and the state, the department, any other district, or the United States may designate and describe the land which is to be…
- § 44003 The board may provide by contract with the state, the department, any other district, or the United States for the delivery and distribution of water for the…
- § 44006 The board shall perform all acts necessary to carry out the enlarged powers enumerated in this chapter.
ARTICLE 2. Levy of Assessments §§ 44030–44032 · 3 sections
- § 44030 If a contract with the state, the department, any other district, or the United States requires the payment by the district of periodic service charges, the…
- § 44031 If a contract with the state, the department, any other district, or the United States requires the payment by the district of capital charges in periodic…
- § 44032 If a contract with the state, the department, any other district, or the United States requires the establishment of a reserve fund for the payment by the…
ARTICLE 3. Transfer or Deposit of Bonds §§ 44055–44059 · 5 sections
- § 44055 In case any contract is made with the United States, bonds of the district may be transferred to or deposited with the United States if so provided by the…
- § 44056 The bonds may: (a) Call for the payment of interest not exceeding 6 percent per year. (b) Be of the denomination specified in the contract. (c) Call for the…
- § 44057 The contract with the United States may call for the payment of the amount, or any part thereof, to be paid by the district to the United States at specified…
- § 44058 The board may accept, on behalf of the district, appointment of the district as fiscal agent of the United States or authorization of the district by the…
- § 44059 The board as fiscal agent of the United States may do any and all things required by the federal statutes now or hereafter enacted in connection therewith and…
ARTICLE 4. Distribution of Water §§ 44080–44082 · 3 sections
- § 44080 All water which the district has the right to use under any contract with the United States may be distributed and apportioned by the district in accordance…
- § 44081 Provision may be made in the contract between the district and the state, the department, any other district, or the United States for the refusal of water…
- § 44082 As partial consideration for privileges obtained by the district under contract with the United States, any rights of way or rights to water or other property…
ARTICLE 5. Dissolution or Change of Boundaries § 44105 · 1 section
- § 44105 A contract between the district and the state, the department, any other district, or the United States may provide that the district shall not be dissolved…
CHAPTER 7. Semitropic Water Storage District §§ 44200–44208 · 5 sections
- § 44200 Unless the context otherwise requires, the following definitions govern the construction of this chapter: (a) “Basin” means the Kern County Groundwater Basin,…
- § 44202 This chapter applies only to the district.
- § 44204 (a) The district may collect groundwater extraction information and require the reporting of groundwater information within the management area and, in…
- § 44206 (a) In addition to levying assessments or fixing tolls and charges pursuant to Part 9 (commencing with Section 46000) and in lieu of imposing assessments in…
- § 44208 (a) This chapter shall not be construed as state approval, authorization, or funding of a project, including, but not limited to, funding available pursuant to…
PART 7. FINANCIAL ORGANIZATION §§ 44400–44963 · 64 sections
CHAPTER 1. General Financial Provisions §§ 44400–44457 · 8 sections
ARTICLE 1. Limitations on Liabilities §§ 44400–44401 · 2 sections
- § 44400 A district may not incur any debt or liability whatever in excess of the express provisions of this division. Any debt or liability so incurred is void.
- § 44401 Nothing contained in this article shall be construed to limit the right of the board to enter into any contract or lease for property, as in this division…
ARTICLE 2. Statements and Reports §§ 44425–44428 · 3 sections
- § 44425 The county treasurer of each of the several counties shall report all transactions of delinquencies on district assessments and sales of land within the…
- § 44426 The district treasurer shall report to the board in writing at its regular meeting in each month the amount of money in the district treasury and the amount of…
- § 44428 The board, following each fiscal year, shall render and promptly thereafter cause to be published in the county at least once a week for two successive weeks a…
ARTICLE 3. Payment of Claims §§ 44455–44457 · 3 sections
- § 44455 All claims against the district shall be paid by warrants of the district.
- § 44456 To provide a fund for payment of claims, the board may from time to time draw from the general fund deposited and kept to the credit of the district in the…
- § 44457 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…
CHAPTER 2. Warrants §§ 44600–44635 · 14 sections
ARTICLE 1. Execution §§ 44600–44602 · 3 sections
- § 44600 Warrants drawn by the department shall be drawn upon the treasurer of the district.
- § 44601 Warrants drawn by the board shall be signed by its president or vice president and secretary or assistant secretary and countersigned by the treasurer.
- § 44602 Warrants drawn by the board for payment of principal or interest on bonds shall be drawn upon the county treasurer of a county having funds belonging to the…
ARTICLE 2. Payment §§ 44625–44635 · 11 sections
- § 44625 The provisions of this article are applicable only to warrants payable on demand.
- § 44626 Whenever any warrant of the district is presented for payment when funds are not available for payment, it shall thereafter draw interest at a rate determined…
- § 44627 Upon the presentation of warrants for payment when funds for payment are not available, the treasurer of the district or of the county, as the case may be,…
- § 44628 The treasurer shall keep a record showing all of the following: (a) Number and amount of each registered warrant. (b) Date of its issuance. (c) Person in whose…
- § 44629 The registered warrant is a contract in writing for the payment of money, and the period prescribed for the commencement of an action based upon the warrant is…
- § 44630 Whenever there is sufficient money in the treasury to pay all outstanding registered warrants or whenever the board orders that all registered warrants…
- § 44631 The notice shall state that the treasurer is prepared to pay all registered warrants or all registered warrants presented for payment prior to the date fixed…
- § 44632 The notice shall be published once a week for two successive weeks in some newspaper published in the office county.
- § 44633 All warrants designated in the notice shall cease to draw interest at the time of the first publication of the notice.
- § 44634 Upon the presentation of any warrant entitled to payment under the terms of the notice, the treasurer shall pay it together with interest due on it from the…
- § 44635 The treasurer shall enter all of the following in the record of registered warrants he is required to keep: (a) Dates of the payment of all the warrants. (b)…
CHAPTER 3. Funds §§ 44750–44853 · 18 sections
ARTICLE 1. Proceeds of Bond Sales §§ 44750–44751 · 2 sections
ARTICLE 2. Proceeds of Assessments §§ 44775–44778 · 4 sections
- § 44775 The county treasurer shall deposit in the county treasury to the credit of the bond fund of the district all money collected upon any assessment upon which…
- § 44776 Money collected upon any assessment upon which bonds have been issued shall be used exclusively for the payment of principal and interest of the bonds issued…
- § 44777 The county treasurer shall transmit to the treasurer of the district all canceled bonds and coupons received in payment on any delinquent sale and a memorandum…
- § 44778 Any balance remaining in the bond fund after payment in full of the principal and interest of all outstanding bonds of the district shall be transferred by the…
ARTICLE 3. Proceeds of Sale of Land §§ 44800–44806 · 8 sections
- § 44800 Any parcel of land bid in and purchased by any county treasurer as trustee of the bond fund of the district may be sold and conveyed by him or his successor in…
- § 44800.5 Any parcel of land bid in and purchased by any county treasurer as trustee of the bond fund of the district as provided in this division may, without notice,…
- § 44801 Payment may be made either in cash or in matured bonds and coupons issued on the assessment, taken at their face value.
- § 44802 The treasurer shall execute a deed to the purchaser upon the sale, conveying the property free of encumbrances, except as provided for deeds where no…
- § 44803 If any land held by a county treasurer as trustee of the bond fund of a district remains unsold after the final installment of the assessment has been…
- § 44804 Notice of the sale shall be given by publication once a week for two successive weeks in some newspaper published in the county in which the land is situated.
- § 44805 The county treasurer shall deposit the proceeds of the sale in the treasury of the county to the credit of the bond fund of the district.
- § 44806 Each county treasurer shall charge to the general fund of the district, or to the bond fund if he has no money to the credit of the general fund, the expense…
ARTICLE 4. Alternative Provisions for the Deposit of Funds §§ 44850–44853 · 4 sections
- § 44850 This article provides an alternative procedure for the deposit of all, or any part of, proceeds of bond sales, proceeds of assessments and proceeds of sale of…
- § 44851 The board may at any time, by resolution, elect to proceed under this article with respect to the deposit of funds of the district, and the board may at any…
- § 44852 Any money belonging to a district may be deposited by the treasurer pursuant to the general laws governing the deposit of public money.
- § 44853 Where the deposit of money is insured by the Federal Deposit Insurance Corporation no additional security need be required from the bank for the portion of the…
CHAPTER 4. Warrants Payable at Future Times §§ 44900–44910 · 11 sections
- § 44900 If any contract or lease for the acquisition of property provides for any future payments by the district, warrants may be issued, on order of the board, for…
- § 44901 When a particular purpose or emergency assessment has been authorized, warrants in an amount equal to the amount of the assessment may be issued on order of…
- § 44902 Any outstanding registered warrants and their accrued interest may be refunded by the issuance of warrants payable at stated times fixed by the board. These…
- § 44903 Warrants payable at a future time or times may be issued in consideration of money loaned to the district for the purchase of any of its outstanding bonds or…
- § 44904 Warrants payable at a future time or times may also be issued to obtain funds or property for any lawful purpose of the district.
- § 44905 Any warrant authorized in the preceding sections of this article shall draw interest at a rate to be fixed by the board not to exceed 6 percent per year…
- § 44906 Coupons payable to bearer in a form and signed as prescribed by the board may be attached to warrants payable at a future date to evidence their interest.
- § 44907 Warrants of any district may be issued to evidence the indebtedness allowed to be incurred prior to the levy of the first district assessment, bearing interest…
- § 44908 If any district owns any property which it is authorized to lease or sell, its board may in the contract providing for the issuance of warrants payable at a…
- § 44909 No warrants issued pursuant to this article made payable more than five years from the date of issuance shall be valid unless their issuance is authorized by a…
- § 44910 Notice of the election shall be given and the election shall be held and the result determined as nearly as practicable in the manner provided for bond…
CHAPTER 5. Revenue Warrants §§ 44950–44963 · 13 sections
- § 44950 A district may issue revenue warrants pursuant to this chapter to obtain funds for any lawful purpose of the district, including the repayment of indebtedness…
- § 44951 Revenue warrants shall be secured by all or part of the revenues received by the district from tolls or charges levied pursuant to Section 43006 or from any…
- § 44952 Revenue warrants shall bear interest at a rate or rates not exceeding 8 percent per annum, payable annually or semiannually or in part annually and in part…
- § 44953 Revenue warrants shall mature at such time or times as the board may prescribe, but not more than five years from the date of issuance.
- § 44954 Revenue warrants may be made subject to redemption prior to their fixed maturity date upon such terms, conditions and notice, and at such times and prices, as…
- § 44955 Revenue warrants may be sold at either public or private sale upon such terms and conditions as the board may determine. Such warrants may be sold at less than…
- § 44957 The board may determine the form and denomination of revenue warrants, the manner of their execution, their registration and exchange privileges and the place…
- § 44958 The board, in a resolution authorizing the issuance of revenue warrants, may provide for special funds for the deposit and application of the proceeds of the…
- § 44959 The board, in a resolution authorizing the issuance of revenue warrants, may covenant to operate and maintain the facilities producing the revenues pledged for…
- § 44960 The board, in a resolution authorizing the issuance of revenue warrants, may provide for paying the interest on the revenue warrants for a period of not more…
- § 44961 Except as otherwise provided in any resolution authorizing the issuance of revenue warrants, the holder of any revenue warrant may by mandamus or other…
- § 44962 Revenue warrants shall not be issued under this chapter by any district in any one fiscal year in excess of one million dollars ($1,000,000).
- § 44963 Notwithstanding the provisions of Sections 44953 and 44962, revenue warrants may be issued prior to August 1, 1978, pursuant to this chapter for a term not to…
PART 8. BONDS §§ 45100–45932 · 56 sections
CHAPTER 1. In General §§ 45100–45103 · 3 sections
- § 45100 Whenever in any district any assessment has been levied and assessed upon land and remains unpaid in whole or in part, and in the judgment and opinion of the…
- § 45102 Notwithstanding Section 45100, whenever in any district (1) a report and recommendation as to a project, or a report as to a contract with the United States,…
- § 45103 If the district’s voters have approved a project pursuant to Part 5 (commencing with Section 42200) and the project authorizes the issuance of revenue bonds…
CHAPTER 2. Bond Election §§ 45250–45278 · 10 sections
ARTICLE 1. Notice § 45250 · 1 section
- § 45250 The notice of a special bond election shall state the aggregate face value of bonds proposed to be issued.
ARTICLE 2. Election §§ 45270–45278 · 9 sections
- § 45270 Only holders of title to land which has been assessed as provided in this division shall be qualified to vote at the election.
- § 45271 To the right of or below the question on the ballot, the words “Yes” and “No” shall be printed on separate lines, with voting targets.
- § 45272 A list of the ballots cast shall be made by the board of election, containing the name of each voter who has voted at the election, and if the ballot was cast…
- § 45273 At the close of the polls the board of election shall at once proceed to canvass the votes and declare the result.
- § 45274 The board of election shall deliver a certificate showing the result and the number of votes cast for and against the issuing of the bonds to the county…
- § 45275 The board of election shall deliver to the county elections official of each county all ballots cast at the election within that county and all documents and…
- § 45276 The county elections officials of the respective counties shall immediately upon receipt of the ballots, papers, and documents from the board of election…
- § 45277 The board of directors shall certify in its minutes that the proposal to issue bonds has carried or has been defeated. The certificate shall state the vote…
- § 45278 Except as in this part specifically provided, the provisions of this division with reference to all matters pertaining to elections shall govern bond elections.
CHAPTER 3. Bond Issuance §§ 45400–45408 · 9 sections
- § 45400 If a majority of the votes cast at the election are in favor of the issuance of bonds, or if a resolution authorizing the issuance of bonds has been adopted…
- § 45401 The treasurer shall place the proceeds of sale of any bonds sold to the credit of the district.
- § 45402 The board may divide the principal amount of any authorized issue of bonds into two or more series, and may fix different dates for the bonds of each series.…
- § 45403 Before making a sale of bonds, notice shall be given by the treasurer by publication at least once a week for two successive weeks in the office county that he…
- § 45404 At the time appointed, the treasurer shall open the bids and award the bonds to the highest responsible bidder.
- § 45405 The treasurer, upon written request of a majority of the directors, shall reject any or all bids.
- § 45406 Sale and delivery of bonds by the treasurer is conclusive evidence that the sale was made upon due authority and notice.
- § 45407 Upon a sale of any district bonds, the treasurer may accept in payment, in whole or in part, outstanding warrants of the district at face value plus accrued…
- § 45408 The bonds of any series of an authorized issue shall be equally and ratably secured with the bonds of any other series of such authorized issue.
CHAPTER 4. Bond Terms §§ 45550–45560 · 11 sections
- § 45550 The bonds shall be in such denominations as the board may prescribe.
- § 45551 The bonds shall be signed by the president and attested by the treasurer.
- § 45552 The bonds shall be numbered consecutively in order of their maturity. If the bonds are issued in two or more series, each series shall be lettered in…
- § 45553 The bonds or any series thereof shall bear interest at a rate not to exceed 8 percent per year payable annually or semiannually as may be prescribed by the…
- § 45554 Coupons for each installment of interest shall be attached to the bonds and shall bear the facsimile signature of the treasurer.
- § 45555 The principal of the bonds or any series thereof shall be made payable on such dates, in such years and at such places as the board may prescribe.
- § 45556 The bonds or any series thereof shall be payable within 40 years from their date, and not less than 10 percent of the aggregate face value of the bonds or any…
- § 45557 The bonds shall be in such form as may be prescribed by the board.
- § 45558 The interest coupons shall be in such form as may be prescribed by the board.
- § 45559 When bonds are made callable, a statement to that effect shall be set forth on the face of the bond.
- § 45560 The board may determine to establish a bond reserve fund for the payment of the principal of or interest on the bonds. Such a bond reserve fund may be…
CHAPTER 5. Additional Bonds §§ 45700–45702 · 2 sections
CHAPTER 6. Callable Bonds §§ 45800–45804 · 5 sections
- § 45800 A district may by resolution of its board adopted at or prior to the time of issuing any bonds then proposed to be issued, provide for the call and redemption…
- § 45801 Bonds may be made subject to redemption prior to their fixed maturity at such times and prices, and upon such terms and conditions as the board may determine…
- § 45802 Notice designating the bonds called for redemption shall be published once a week for three successive weeks in a newspaper of general circulation printed and…
- § 45803 The first publication of the redemption notice shall be not less than 30 days nor more than 90 days prior to the date fixed for redemption.
- § 45804 If on the date fixed for redemption the district has provided funds available for the payment of the principal and interest of the bonds called, interest on…
CHAPTER 7. Direct Assessment Warrants §§ 45900–45932 · 16 sections
ARTICLE 1. Project and Government Contract Warrants §§ 45900–45907 · 8 sections
- § 45900 For the purpose of financing a district project or government contract which has been approved by the voters of the district, the board of directors may, by a…
- § 45901 Direct assessment warrants shall be signed by the president and secretary in face amount not exceeding in the aggregate the cost of the project or government…
- § 45902 Direct assessment warrants shall be made payable in amounts and at the times corresponding substantially to the amounts and times of payment of the…
- § 45903 Direct assessment warrants shall bear interest at a rate to be fixed by the board at the time of sale thereof, not to exceed 7 percent per year, which interest…
- § 45904 Coupons for the interest on these warrants may be attached to them.
- § 45905 Direct assessment warrants may be made payable to any of the following: (a) Bearer. (b) Persons furnishing work, labor or material. (c) The contractor if the…
- § 45906 Direct assessment warrants may be sold by the district for not less than par at either public or private sale.
- § 45907 Any surplus funds and any money held by a district in a sinking or depreciation fund may in the discretion of its board be invested in direct assessment…
ARTICLE 2. Advance Payment of Assessments §§ 45920–45924 · 5 sections
- § 45920 At any time before direct assessment warrants are issued, the amount of any assessment on any land, exclusive of interest and the 10 percent added for…
- § 45921 Land on which the amount of the assessment has been paid pursuant to Section 45920 shall not be subject to the annual installments of the assessments levied…
- § 45922 Any landowner who desires at any time to lessen or remove the lien upon his land of any direct assessment may deliver to the district treasurer for…
- § 45923 The board may require warrants delivered to lessen or remove an assessment lien to be substantially of the average maturities of the issue of warrants.
- § 45924 The treasurer shall notify the board of the amount of the principal and interest due and to become due on the warrants delivered for cancellation. The board…
ARTICLE 3. Actions and Proceedings §§ 45930–45932 · 3 sections
- § 45930 All acts, proceedings, conclusions and findings of fact by a board of a district shall be conclusive except in an action or proceeding instituted within six…
- § 45931 An action to determine the validity of any assessment or warrants may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of…
- § 45932 No irregularity or omission not affecting the substantial rights of the landowners within a district shall affect the validity of any act done or proceeding…
PART 9. ASSESSMENTS §§ 46000–47982 · 185 sections
CHAPTER 1. Preliminary Assessments §§ 46000–46010 · 11 sections
- § 46000 A preliminary assessment is an assessment levied by the board of an equal amount upon each acre of land in the district sufficient to pay all warrants issued…
- § 46001 At its first regular meeting, or within 90 days thereafter, the board shall levy a preliminary assessment.
- § 46002 The amounts required to be raised to pay warrants of the department and to pay expenses shall be separately stated in the resolution levying the preliminary…
- § 46003 In the event the first preliminary assessment is not sufficient, the board shall from time to time levy further preliminary assessments.
- § 46004 Except as otherwise provided in this chapter, the total of all preliminary assessments, exclusive of the amount assessed for the purpose of paying warrants of…
- § 46005 If after the total amount raised by all preliminary assessments shall have been expended or its expenditure authorized, that amount is found to be insufficient…
- § 46006 Before levying any additional preliminary assessment the board shall pass a resolution declaring its intention so to do, and in the resolution appoint a time…
- § 46007 A copy of the resolution of intention shall be published once a week for at least two weeks before the time appointed by the board for the open meeting in a…
- § 46008 At the time appointed for the open meeting by the board, it shall consider the matter of levying the additional preliminary assessment and hear any objection.…
- § 46009 Every preliminary assessment is a lien upon the land affected until the full amount of the assessment is paid. The lien is prior to all other liens, except…
- § 46010 If, after a project has been completed, the board determines that an additional project would be for the benefit of the entire district, the board may, in the…
CHAPTER 2. Original Assessments to Finance Projects §§ 46150–46382 · 50 sections
ARTICLE 1. Commissioners §§ 46150–46156 · 7 sections
- § 46150 If a district project is adopted as provided in Chapter 3 (commencing with Section 42500) of Part 5 of this division, the board shall appoint three…
- § 46151 No commissioner shall have any interest in any land in the district either directly or indirectly.
- § 46152 Each commissioner before entering upon his duties shall take and subscribe an oath that he is not in any manner interested directly or indirectly in any land…
- § 46153 The commissioners shall be paid as compensation for the services rendered by them the sum, or sums, as the board fixes, which is a part of the cost of the…
- § 46154 Compensation to the commissioners shall be paid out of the funds of the district, which may be included in any bond issue authorized for the purposes of the…
- § 46155 The commissioners shall receive from the board a copy of the report with respect to the project adopted by the voters at the election held pursuant to Part 5…
- § 46156 In lieu of the appointment of the three commissioners as provided in Section 46150, the board by resolution may appoint a civil engineer to apportion the costs…
ARTICLE 2. Apportionment of Costs §§ 46175–46179 · 5 sections
- § 46175 The commissioners appointed pursuant to Article 1 of this chapter shall assess the costs of the project, or in the event the board has divided the project into…
- § 46176 The commissioners shall apportion the cost in accordance with the benefits that will accrue to each tract of land held in separate ownership by reason of the…
- § 46177 If the project includes plans for the generation of electric power, the commissioners shall ascertain the total cost of all the properties which are necessary…
- § 46178 Where any tract of land consists of more than one section, the apportionment to that tract of land shall be made according to legal subdivisions or to other…
- § 46179 If the district project as adopted, as provided in Part 5 (commencing at Section 42200) of this division, provides that all of the costs of the project are to…
ARTICLE 3. Assessment Rolls §§ 46200–46210 · 10 sections
- § 46200 The commissioners shall prepare and certify assessment rolls which shall contain: (a) A description of each tract held in separate ownership by legal…
- § 46201 The roll shall be separately made for each affected county.
- § 46202 When completed, the rolls shall be accompanied by the written report of the commissioners setting out with particularity all the following: (a) The exact…
- § 46203 In the report of the commissioners, land embraced within a comprehensive area or a political subdivision of the State may be referred to generally as land…
- § 46205 The commissioners shall transmit two copies of the rolls to the board. The board shall file one copy in its records and transmit to the county treasurer of…
- § 46206 The board shall forthwith give notice of the filing of the assessment roll by publication at least once a week for two successive weeks in each affected…
- § 46207 The objections to any assesment shall be in writing, verified, and filed with the secretary of the board, and shall set forth the grounds of the objection.
- § 46208 The verification shall be made by the affidavit of the objector or some other person familiar with the facts.
- § 46209 If no objections are filed with respect to a particular assessment roll, as provided in Sections 46206 and 46207, then upon the expiration of the time fixed by…
- § 46210 Upon filing of the certificates of the secretary of the board as provided in Section 46209, the assessment roll and the assessments therein made shall be final…
ARTICLE 4. Hearings Before Adjustment Board §§ 46225–46232 · 6 sections
- § 46225 In the event objections are filed with respect to a particular assessment roll, as provided in Sections 46206 and 46207, the department shall appoint two…
- § 46226 The adjustment board shall at once organize by the election from its members of a president and a secretary and shall appoint times and places not less than 30…
- § 46227 Notice of the hearing shall be published at least once a week for two successive weeks in each affected county.
- § 46230 The adjustment board may postpone the hearings on objections to assessments from time to time.
- § 46231 At the hearings, the adjustment board shall hear such evidence as may be offered touching the correctness of the assessment, and may modify, amend, or approve…
- § 46232 No assessment shall be increased if the holder of title to land affected is known except after personal notice or notice by registered mail given to the holder…
ARTICLE 5. Approval of Assessment Roll §§ 46255–46257 · 3 sections
- § 46255 After hearing of objections, the adjustment board shall make an order approving the assessment as finally fixed or modified. The apportionment and…
- § 46256 Two copies of the assessment roll as finally fixed and approved by the adjustment board shall be certified by the secretary of the adjustment board and…
- § 46257 The assessment roll as approved by the adjustment board shall be conclusive evidence before any court or tribunal that the assessment has been made and levied…
ARTICLE 6. Lien of Assessment §§ 46280–46281 · 2 sections
- § 46280 When the secretary of the board files the certificates as provided for by Section 46209, or if objections are filed, when the board files with the county…
- § 46281 Where bonds of a district have been issued upon any assessment, no act or conduct on the part of the board or any officer shall invalidate the assessment after…
ARTICLE 7. Additional Units of Project § 46305 · 1 section
- § 46305 Upon adoption of a resolution by the board to construct additional units pursuant to Article 2 (commencing with Section 42225), Chapter 1, Part 5 of this…
ARTICLE 8. Reapportionment of Assessments §§ 46325–46331 · 6 sections
- § 46325 When any tract of land upon which any assessment provided for by this division has been levied is subdivided into smaller parcels the board shall, upon its own…
- § 46326 Supplementary assessment rolls showing the reapportionments shall be made separately for land lying within different counties.
- § 46328 The board shall file with the treasurer of each county in which any portion of the tract so subdivided is situated, the supplementary assessment roll relating…
- § 46329 After the supplementary assessment rolls have been filed the assessment is an assessment upon each of the smaller parcels in accordance with the…
- § 46330 The supplementary assessment rolls are a part of and amendatory of the assessment rolls theretofore filed for all purposes.
- § 46331 The reapportionment shall in nowise affect the assessment except as to the land included in the supplementary assessment rolls.
ARTICLE 9. Reassessment of Cost §§ 46355–46356 · 2 sections
- § 46355 At any time after the commissioners have assessed the cost of the project upon the benefited land within the district and the costs of the portion of the…
- § 46356 The reassessment of costs of the project shall be made in the same manner as provided in this chapter for the original assessment of costs.
ARTICLE 10. Interim Project Assessments §§ 46375–46382 · 8 sections
- § 46375 At any time after a district project is adopted, as provided in Part 5 (commencing with Section 42200) of this division, and before the original assessment to…
- § 46376 Each interim project assessment shall be levied in an equal amount upon each acre of land in the district. The total amount of all interim project assessments…
- § 46377 The board may by resolution levy an interim project assessment, if in its judgment the levy is in the best interests of the district.
- § 46378 Every interim project assessment is a lien upon the land affected until the full amount of the assessment is paid. The lien is prior to all other liens, except…
- § 46379 The amount of any interim project assessment assessed against any tract of land in the district shall be credited against the original assessment to finance…
- § 46380 If the amount of the interim project assessment or assessments credited with respect to any tract of land pursuant to Section 46379 exceeds the amount of the…
- § 46381 A district may issue direct assessment warrants payable from the proceeds of an interim project assessment pursuant to Chapter 7 (commencing with Section…
- § 46382 If there are no obligations outstanding which are secured by an interim project assessment, the board may, at any time and without notice or hearing, order…
CHAPTER 3. Payment of Assessments §§ 46500–46501 · 2 sections
- § 46500 The assessment list of each county shall remain open for payment in the office of the county treasurer of the affected counties for a period of 30 days and…
- § 46501 During the time the assessment lists are open any person may pay to the county treasurer in lawful money of the United States or in warrants of the district…
CHAPTER 4. Additional Help for County Treasurer § 46650 · 1 section
- § 46650 The county treasurer of any affected county, during the time for the collection of the assessments of the district, may require the board to provide and pay…
CHAPTER 5. Collection of Original Assessments §§ 46670–46797 · 34 sections
ARTICLE 1. In General §§ 46670–46675 · 6 sections
- § 46670 At the end of 30 days, the county treasurer shall make return to the board of all assessments paid.
- § 46671 All unpaid assessments bear interest at the rate of 8 percent per year. Interest commences to run 30 days after the assessment list is filed with the county…
- § 46672 All unpaid assessments and accrued interest shall be collected by the county treasurers when and as called. The county treasurers shall hold the money…
- § 46673 Unless bonds have been authorized as provided in this division, all payments of assessments shall be made in such amounts or installments and at such times as…
- § 46674 Except as otherwise provided in Section 46675, in the event the cost of any unit is less than the funds collected therefor, the excess shall be held and used…
- § 46675 The board, pursuant to a resolution entered in its minutes, may distribute, among the landowners of the district, any funds in the treasury belonging to the…
ARTICLE 2. Notice of Time for Payment §§ 46695–46696 · 2 sections
- § 46695 Upon making any order fixing and calling an installment or amount, the secretary shall also enter in the minutes of the board, and certify to each county…
- § 46696 The notice shall be sent through the mail, addressed to each holder of title to land at the address shown on the county assessment roll, together with a…
ARTICLE 3. Penalty for Delinquency § 46710 · 1 section
- § 46710 If any installment remains unpaid at the expiration of 60 days from the date of the order, it becomes delinquent, together with the accrued interest thereon,…
ARTICLE 4. Notice of Sale of Property §§ 46730–46731 · 2 sections
- § 46730 Immediately after the installment has become delinquent, the county treasurer shall prepare and publish once a week for two consecutive weeks in each affected…
- § 46731 The notice shall contain all the following: (a) A description of the property assessed. (b) The name of the person to whom it is assessed or a statement that…
ARTICLE 5. Sale for Nonpayment §§ 46755–46761 · 8 sections
- § 46755 The date of the sale of assessed property shall not be less than 10 days after the date of the last publication of the notice of sale.
- § 46756 At the time stated in the notice, or such other time to which the sale may have been postponed, the county treasurer shall sell the property to the highest…
- § 46757 Out of the proceeds of sale, the county treasurer shall deposit the amount due on the property as shown in the notice in the proper fund of the district.
- § 46758 The county treasurer shall pay to the owner of the property any surplus remaining after the deposit to the credit of the district, after first deducting any…
- § 46759 Except where bonds have been issued upon an assessment, the board may direct the county treasurer to postpone the sale from time to time, for not less than 10…
- § 46759.5 Except where bonds have been issued upon an assessment, the board of directors may, by resolution filed with the county treasurer of the affected county on or…
- § 46760 Upon filing of a resolution pursuant to Section 46759.5 or if no bid is made for the property equal to the amount due thereon, the property shall be sold to…
- § 46761 A certificate of sale shall be executed by the county treasurer to the purchaser, and this certificate of sale shall be recorded in the office of the county…
ARTICLE 6. Redemption §§ 46785–46797 · 15 sections
- § 46785 Any person interested in property sold for nonpayment of assessments may redeem it at any time within three years after the date of the sale even though the…
- § 46786 The redemptioner shall pay to the county treasurer the amount for which the property was sold, interest on the sum at the rate of 9 percent per year from the…
- § 46788 If no redemption is made within three years from the date of sale, the purchaser or the district, if the property shall have been sold to the district, or the…
- § 46788.1 After receiving a demand for a deed pursuant to Section 46788, and not less than 45 days nor more than 60 days before delivery of a deed pursuant to that…
- § 46788.2 After the first publication of the notice required by Section 46788.1, and not less than 45 days nor more than 60 days before the date specified in that notice…
- § 46788.3 Upon first publication of the notice required by Section 46788.1, there shall be added to the amount to redeem as provided in Section 46786 the sum of the…
- § 46789 The effect of the deed shall be to convey the property free and clear of all liens and encumbrances except state, county, and municipal taxes, assessments or…
- § 46790 In any district having no outstanding bonds issued prior to September 15, 1935, any parcel of land heretofore deeded to the district by the county treasurer,…
- § 46791 The deed executed by the district shall convey the property free and clear of all liens and encumbrances, except as provided in this article for a deed by the…
- § 46792 The district may sell property deeded to it for nonpayment of assessments at any time at a public auction after notice given for the same period and in the…
- § 46793 The deed executed by the district shall convey the property free from all encumbrances except as provided in this article for a deed by the county treasurer to…
- § 46794 The district may also dispose of property acquired by it for nonpayment of assessments at a private sale, without any notice, when the district is in the…
- § 46795 In any case where a district in the process of dissolution has sold and transferred any of its property at such a private sale prior to August 14, 1931, for…
- § 46796 Any action or proceeding, based on the alleged invalidity or irregularity of a deed executed by the county treasurer to the district or based on the alleged…
- § 46797 An action or proceeding based on the alleged invalidity or irregularity of any agreement of sale, deed, lease, or option executed by a district in connection…
CHAPTER 6. Supplementary Assessments for Completion of Project §§ 46900–46951 · 11 sections
ARTICLE 1. Levy §§ 46900–46907 · 8 sections
- § 46900 “Supplementary assessment”, as used in this chapter, means an assessment, in addition to the original assessment, for the purpose of raising an additional sum…
- § 46901 If the original assessment for the project or any unit or combination of units thereof is insufficient to provide for the completion of the project or of a…
- § 46902 Each supplementary assessment shall be apportioned among the different tracts of land in the proportion which the amounts assessed against the tracts by the…
- § 46903 The supplementary assessment shall be made by order entered in the minutes of the board stating the total amount necessary to be raised and fixing the rate of…
- § 46904 Upon making the assessment order, the board shall prepare a supplementary assessment roll showing all the following: (a) A description of each tract assessed.…
- § 46905 Upon completion of the supplementary assessment roll, the board shall file with the county treasurer of each affected county a copy of so much of the…
- § 46906 Upon the filing of the assessment roll with the county treasurer, the supplementary assessment constitutes a lien upon each tract shown to be assessed by the…
- § 46907 At any time within 60 days from the filing of the copy of the assessment roll with the county treasurer, it may be amended by the board to correct errors,…
ARTICLE 2. Collection § 46930 · 1 section
- § 46930 The supplementary assessment shall be collected in the manner provided for the collection of original assessments, and the board may call the assessment as a…
ARTICLE 3. Additional Property or Work §§ 46950–46951 · 2 sections
- § 46950 The board may determine upon the acquisition of property or the construction of work not contemplated in the report and recommendation, with accompanying plans…
- § 46951 The same proceedings for the preparation and adoption or rejection of the report and recommendation as to the acquisition of additional property or…
CHAPTER 7. Supplementary Assessments for Maintenance §§ 47100–47185 · 21 sections
ARTICLE 1. Report and Hearing §§ 47100–47105 · 6 sections
- § 47100 “Supplementary assessment” as used in this chapter means an assessment, in addition to the original assessment, for the purpose of raising an additional sum…
- § 47101 Whenever after completion of the works of a district in whole or in part it becomes necessary in the opinion of its board to raise any sum for the operation of…
- § 47102 The board shall file with the secretary a copy of the report and the plans and specifications, and a notice of the filing of the report stating all the…
- § 47103 The hearings shall be public, and held at the ordinary place of business of the board.
- § 47104 At the hearing all protestants shall be permitted to appear in person or by attorney and present their objections to the report.
- § 47105 At the conclusion of the hearing, the board may either: (a) Adopt the report. (b) Modify the report. (c) Cause a new report to be made to be again set for…
ARTICLE 2. Levy §§ 47125–47130 · 6 sections
- § 47125 The supplementary assessment shall be apportioned among the respective tracts of land in the proportions which the total amounts assessed against the tracts by…
- § 47126 The order making the supplementary assessment shall be entered in the minutes of the board, shall state the total amount necessary to be raised, and shall fix…
- § 47127 Upon making the assessment order, the board shall prepare a supplementary assessment roll showing all the following: (a) A description of each tract assessed.…
- § 47128 Upon the completion of the supplementary assessment roll, the board shall file with the county treasurer of each county in which is situated land subject to…
- § 47129 The supplementary assessment is a lien upon each tract shown to be assessed by the copy of the assessment roll filed with the county treasurer for the amount…
- § 47130 At any time within 60 days from the filing of the copy of the assessment roll with the county treasurer, it may be amended by the board to correct errors…
ARTICLE 3. Collection §§ 47155–47157 · 3 sections
- § 47155 The supplementary assessment shall be collected in the manner provided in this division for the collection of original assessments and the board may call the…
- § 47156 The report of the commissioners allocating or spreading the original assessment levied for construction purposes and all assessment rolls for the original…
- § 47157 All provisions of this division with respect to the levy and collection of assessments shall, so far as appropriate, be applicable to supplementary assessments.
ARTICLE 4. Charges §§ 47180–47185 · 6 sections
- § 47180 For the purpose of the care, operation, management, or improvement of such portions of the project as are in use, including salaries of officers and employees,…
- § 47181 Whenever any tolls or charges for the use of the water or for other services rendered by the district provided for by this division have been fixed by the…
- § 47182 In case any tolls or charges remain unpaid for a period of 30 days after they become payable, they become delinquent and a penalty of 10 percent shall be added…
- § 47183 After any toll or charge becomes delinquent, the board may file in the office of the county recorder of the county in which is situated the land as to which…
- § 47184 The board may, at any time after any toll or charge provided for in this division has become delinquent, direct that proceedings be not taken to enforce the…
- § 47185 In the suit the district may recover the amount of the toll or charge, together with penalties and interest, and costs of suit.
CHAPTER 8. Assessments Upon Which Bonds Have Been Issued §§ 47300–47379 · 19 sections
ARTICLE 1. Lien and Additional Assessments §§ 47300–47305 · 6 sections
- § 47300 The lien of any unpaid assessment upon which bonds have been issued continues until all the bonds have been paid in full.
- § 47301 If for any reason any part of the principal or interest of the bonds remains unpaid after enforcement of the assessment as provided in this division, the board…
- § 47302 The additional or supplemental assessment shall be enforced and collected in the same manner as the original assessment.
- § 47303 Where bonds of the district have been authorized to be issued on the assessments, all unpaid assessments bear interest at the rate of 7 percent per year from…
- § 47304 The interest due at any time on unpaid assessments may be called without calling any installment of the assessment.
- § 47305 The word installment as used in this chapter shall be construed as applying to interest as well as to principal, as the case may be.
ARTICLE 2. Levy and Collection §§ 47325–47327 · 3 sections
- § 47325 At least 90 days before any interest date of the bonds, the treasurer of the district shall certify to the county treasurer of each affected county an estimate…
- § 47326 Each county treasurer shall cause to be published once a week for two successive weeks in the county of which he is county treasurer a notice substantially in…
- § 47327 If any part of the installment or any interest thereon remains unpaid at the expiration of 30 days from the date of the notice, it becomes delinquent, and 10…
ARTICLE 3. Sale of Property §§ 47350–47354 · 5 sections
- § 47350 When any installment has become delinquent, the county treasurer shall, within 10 days, publish a notice in the county once a week for two successive weeks…
- § 47351 At the time stated in the notice, the county treasurer shall sell each parcel of land described in the notice to the highest bidder, unless prior thereto he…
- § 47352 The sale shall be made for cash, except the treasurer may receive from any purchaser, at their face value in lieu cash, bonds of the district or their interest…
- § 47353 If no bid is made for any parcel at the sale equal to the amount of the installment delinquent thereon, with interest and penalty, the county treasurer shall…
- § 47354 The county treasurer shall execute to each purchaser, including himself as trustee, a certificate of sale, and shall record a duplicate in the county…
ARTICLE 4. Redemption §§ 47375–47379 · 5 sections
- § 47375 Any person interested in property sold pursuant to this chapter may redeem it at any time within three years after the date of sale by paying to the county…
- § 47376 If no redemption is made within three years, the county treasurer, upon demand and surrender of the certificate of purchase, shall execute to the purchaser,…
- § 47377 The deed shall convey the land to the grantee free and clear of all encumbrances, except state, county, and municipal taxes, assessments or taxes levied or…
- § 47378 No parcel sold and conveyed to the district shall thereafter be subject to sale by the county treasurer for delinquent installments.
- § 47379 Every deed by a county treasurer purporting to be executed under this chapter shall be prima facie evidence of the truth of the matters therein recited, and of…
CHAPTER 9. Amendatory Assessments §§ 47400–47401 · 2 sections
- § 47400 The board shall levy an amendatory assessment in the manner provided for original assessments in Chapter 2 of this part if the original assessment was one…
- § 47401 In case the assessment to be amended was not one made under Chapter 2 of this part, the board shall cause an amendatory assessment as to such land to be made…
CHAPTER 10. Assessment of Included Land §§ 47550–47552 · 3 sections
- § 47550 Upon the inclusion of any land within a district pursuant to Chapter 2 of Part 10 of this division an assessment shall be levied upon the land, the amount of…
- § 47551 The board shall appoint commissioners to make the assessment in the number and manner provided in Article 1 (commencing with Section 46150) of Chapter 2 of…
- § 47552 The assessment shall be made in the same manner and with the same incidents as an original assessment under Chapter 2 of this part, and all of the provisions…
CHAPTER 11. Deduction of Power Revenues From Assessments §§ 47700–47701 · 2 sections
- § 47700 Upon the call of any assessment, or portion thereof, as provided in this division the board shall ascertain the total net revenue which has been derived by the…
- § 47701 From the assessment called upon each tract of land which has been assessed for the costs of the properties comprising the portion of the project to be used for…
CHAPTER 12. Cancellation and Refund of Unnecessary Assessments §§ 47800–47810 · 10 sections
- § 47800 When a district has levied an assessment and it appears to the board that the assesssment or some part thereof, together with the interest thereon, will…
- § 47801 In the resolution of intention the board shall specify the portion of the assessment balance proposed to be canceled and appoint a time not less than three…
- § 47803 A copy of the resolution of intention shall be published once a week for three successive weeks before the time appointed by the board for the meeting in a…
- § 47804 Objections shall be written, verified, and filed with the secretary, and no objection shall be considered by the board or allowed in any other action or…
- § 47805 At the meeting the board shall hear any evidence offered in support of the written objections, after which the board may, by resolution, cancel all or a part…
- § 47806 When a resolution to cancel is adopted, a copy thereof, certified by the secretary, shall be attached to the assessment roll by the county treasurer of each…
- § 47807 When the resolution to cancel is attached to the assessment roll the secretary shall endorse upon the assessment roll after each tract assessed the amount of…
- § 47808 When a landowner, in a district in which the board has canceled any assessment balance or portion thereof, has paid all or a part of his share of the canceled…
- § 47809 The warrants shall be payable out of the fund of the district into which the proceeds of the assessment had been paid. The board shall not cancel so much of an…
- § 47810 No assessment balance or part thereof shall be canceled pursuant to this chapter if bonds based thereon and secured thereby have been issued and remain unpaid…
CHAPTER 13. Alternate Provisions for Collection and Enforcement of District Assessments by the County §§ 47900–47982 · 19 sections
ARTICLE 1. Collection of Assessments by the County §§ 47900–47912 · 13 sections
- § 47900 This chapter provides an alternative method for the collection and enforcement of district assessments.
- § 47901 The board may elect to avail itself of the assessor, auditor and tax collector of the county or counties in which the district is situated to collect…
- § 47902 The board shall declare its election by a resolution and shall file a certified copy of said resolution with the auditor, assessor, tax collector and treasurer…
- § 47903 An election pursuant to Section 47902 is effective with respect to all assessments designated by the board to be collected pursuant to the provisions of this…
- § 47904 On or before the 15th day of July, the board shall designate and determine by resolution the percentage of any assessment theretofore levied that shall be…
- § 47905 A certified copy of the resolution provided for in Section 47904 shall immediately be filed by the secretary of the district with the county treasurer and…
- § 47906 The county treasurer, upon receipt of the certified copy of the resolution, provided for by Sections 47904 and 47905, shall forthwith discontinue making…
- § 47907 The county auditor, on receipt of said affected assessment rolls from the county treasurer, shall compute the amount to be collected from each parcel of land…
- § 47908 Assessments called pursuant to this chapter shall be collected at the same time and in the same manner as county taxes. When collected, the net amount, as…
- § 47909 Each county assessor, auditor, treasurer and tax collector shall file annually with the board of supervisors of his county, itemized statements showing the…
- § 47910 The board of supervisors may provide extra help for their county offices or officers as in their judgment is necessary for the proper performance of their…
- § 47911 Whenever any real property situated in any district which availed itself of county collection of assessments under this chapter has been sold for taxes and has…
- § 47912 Notwithstanding the provisions of Sections 47902 and 47903, any district organized pursuant to this division, which organization was completed prior to the…
ARTICLE 2. Placing of Delinquent Assessments on County Tax Rolls § 47930 · 1 section
- § 47930 The board, by resolution, in lieu of enforcing collection of delinquent assessments pursuant to Chapter 5 (commencing with Section 46670) of this part, may…
ARTICLE 3. Enforcement of Delinquencies §§ 47960–47961 · 2 sections
- § 47960 The provisions of Chapter 5 (commencing with Section 46670) of this part with reference to the method of collection of assessments shall not be applicable to…
- § 47961 The enforcement of the collection of district assessments under this chapter may be had in the same manner and by the same means as provided by law for the…
ARTICLE 4. Collection of Tolls and Charges by the County §§ 47980–47982 · 3 sections
- § 47980 The district may elect to have the county collect such tolls and charges established pursuant to Section 43006 or 47180 as may be designated by the board. If…
- § 47981 The county auditor shall thereafter add to the tax bills for each assessee and assessee parcel as so certified, in addition to the other charges, such tolls…
- § 47982 The county tax collector and treasurer shall thereupon collect, receive and disperse to the district such tolls and charges as are collected with the regular…
PART 10. CHANGES IN ORGANIZATION §§ 48000–48401 · 51 sections
CHAPTER 1. Exclusion §§ 48000–48087 · 23 sections
ARTICLE 1. Petition and Notice §§ 48000–48004 · 5 sections
- § 48000 The holder or holders of title to one or more tracts of land which constitute a portion of a district may jointly or severally file with the board a petition,…
- § 48001 The petition shall state the grounds and reasons upon which it is claimed that the land should be excluded and shall describe the boundaries thereof, and also…
- § 48002 The petition shall be acknowledged, and the acknowledgment shall have the same force and effect as evidence as the acknowledgment of a conveyance of real…
- § 48003 The board shall cause a notice of the filing of the petition to be published once a week for two successive weeks in some newspaper published in the office…
- § 48004 The notice shall state all of the following: (a) The filing of the petition. (b) The names of the petitioners. (c) A description of the land mentioned in the…
ARTICLE 2. Hearing and Order §§ 48025–48031 · 7 sections
- § 48025 At the time and place provided in the notice of hearing on the exclusion petition published pursuant to Article 1 of this chapter, or at the time to which the…
- § 48026 The failure of any person interested in the district, other than the holders of bonds thereof outstanding at the time of the filing of the petition with the…
- § 48027 The filing of the petition with the board constitutes an assent by each and all of the petitioners to the exclusion from the district of the land mentioned in…
- § 48028 The expenses of giving the notice provided for in Article 1 of this chapter and of the hearing on the exclusion petition shall be paid by the persons filing…
- § 48029 Upon the hearing of an exclusion petition the board shall order that the petition be denied: (a) Entirely when no evidence in support of the petition is…
- § 48030 The board, after the hearing of any exclusion petition, shall order the exclusion of all or any part of the land described in it when as to the land to be…
- § 48031 No exclusion of land from any district impairs its existence, its rights, including those in or to property, or its obligations.
ARTICLE 3. Bondholders’ Assent to Exclusion §§ 48055–48057 · 3 sections
- § 48055 If there are outstanding bonds of the district at the time of the filing of the exclusion petition, the holders of the outstanding bonds may give their assent,…
- § 48056 The assent shall be acknowledged by the several holders of the bonds, and the acknowledgment shall have the same force and effect as evidence as the…
- § 48057 The assent shall be filed with the board and be recorded in its minutes. The minutes, or a copy thereof, certified by the board, shall be admissible in…
ARTICLE 4. Liability of Excluded Land §§ 48080–48087 · 8 sections
- § 48080 In the event the board excludes any land from the district upon petition therefor, the board shall make an entry in its minutes describing the boundaries of…
- § 48081 A certified copy of the entry in the minutes of the board excluding any land shall be filed for record in the recorder’s office of each affected county.
- § 48082 Notwithstanding the exclusion of land, the district remains a district as fully to every intent and purpose as it would be had no change been made in its…
- § 48083 In case land is excluded from any district, the board may, not less than 60 days before any election in the district, re-establish the boundaries of the…
- § 48084 Nothing in this division shall operate to release any of the land excluded from the district from any obligation to pay, or any lien thereon of any valid…
- § 48085 All provisions which might be resorted to to compel the payment by the land of its quota or portion of outstanding district obligations, had the exclusion…
- § 48086 The land excluded shall not be held answerable or chargeable for any obligation incurred after the exclusion of the land from the district.
- § 48087 The provisions of this article shall not apply to any outstanding bonds, the holders of which have assented to the exclusion of the land from the district, as…
CHAPTER 2. Inclusion §§ 48200–48260 · 24 sections
ARTICLE 1. Petition and Notice §§ 48200–48205 · 6 sections
- § 48200 The holders of title representing one-half or more of any body of land within the same watershed as an existing district may file with the board a written…
- § 48201 The petition shall describe the boundaries of the parcel or tract of land and the boundaries of the several parcels owned by the petitioners, if the…
- § 48202 The petition shall be acknowledged, and shall contain the assent of the petitioners to the inclusion within the district of the land described in the petition…
- § 48203 The board shall cause a notice of the filing of the petition to be published in the same manner and for the same time that notices of special elections for the…
- § 48204 The notice shall state all the following: (a) The filing of the petition and the names of the petitioners. (b) A description of the land mentioned in the…
- § 48205 The petitioners shall advance to the board sufficient money to pay the estimated costs of all proceedings upon the petition.
ARTICLE 2. Hearing and Order §§ 48225–48231 · 7 sections
- § 48225 At the time and place mentioned in the notice of filing of the inclusion petition, or at such other time or times to which the hearing of the inclusion…
- § 48226 The failure of any interested person to show cause in writing as provided in this article shall be an assent on his part to a change of the boundaries of the…
- § 48227 The board shall order the boundaries of the district changed so as to include the land described in the inclusion petition, or such portion thereof as the…
- § 48228 The order of the board shall describe the boundaries as changed, and shall also describe the entire boundaries of the district as they will be after the change…
- § 48229 A certified copy of the inclusion order shall be recorded in the office of the county recorder of each county in which land to be included is situated.…
- § 48230 If the board determines that it is not feasible and practicable to serve any of the land described in the petition or that it is not for the best interest of…
- § 48231 No inclusion of land into any district impairs its existence, its rights, including those in or to property, or its obligations.
ARTICLE 3. Inclusion Elections §§ 48250–48260 · 11 sections
- § 48250 If upon the inclusion hearing the board concludes that it is feasible to serve the land, or a portion thereof, described in the inclusion petition, and that it…
- § 48251 Upon the making of a finding by the board as provided in Section 48250, it shall order that an inclusion election be held within the district to determine…
- § 48252 The board shall fix the time at which the election shall be held and cause notice thereof to be published.
- § 48253 The notice shall be published and the election shall be held and conducted, returns thereof shall be made and canvassed, and the result of the election…
- § 48254 The notice of election shall state that the election is for the purpose of determining whether certain land, describing its boundaries, shall or shall not be…
- § 48255 To the right of or below the question on the ballot, the words “Yes” and “No” shall be printed on separate lines, with voting targets.
- § 48256 If at the election a majority of all the votes cast are against the change of the boundaries of the district, the petition is denied.
- § 48257 If a majority of the votes are in favor of the change of boundaries, the board shall make its order, as provided in Article 2 of this chapter, that the…
- § 48258 A certified copy of the inclusion order shall be recorded in the office of the county recorder of each county wherein land to be included is situated.…
- § 48259 In case land is included within any district as provided in this chapter, the board shall re-establish the boundaries of the divisions within the district so…
- § 48260 The board shall also re-establish the boundaries of the election precincts within the district, except that in the case of the inclusion of any land within…
CHAPTER 2.5. Notification of Secretary of State of Exclusion or Inclusion § 48300 · 1 section
- § 48300 Whenever land is excluded from the district or land is included in the district pursuant to this part, the board shall file a certificate with the Secretary of…
CHAPTER 2.6. Consolidation § 48350 · 1 section
- § 48350 A district may be consolidated in the same manner as is provided for the consolidation of county water districts in Chapter 3 (commencing with Section 32650)…
CHAPTER 3. Dissolution §§ 48400–48401 · 2 sections