PART 2. FORMATION [39400. - 40104.]
Part 2 added by Stats. 1951, Ch. 391.
§§ 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- § 39431 Signatures to the petition may be withdrawn at any time before its publication is commenced by filing a declaration signed and acknowledged by the petitioner…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- § 39461 The notice shall not be published until five days after the filing of the petition and undertaking in the office of the department.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…