PART 6. POWERS AND FUNCTIONS [43000. - 44208.]

Part 6 added by Stats. 1951, Ch. 391.

§§ 43000–44208 · 70 sections

CHAPTER 1. Water and Electricity §§ 43000–43026 · 11 sections
1. 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…
2. ARTICLE 2. Electricity §§ 43025–43026 · 2 sections
  - § 43025 The board may provide for the generation and distribution of hydroelectric energy incidental to water storage and distribution.
  - § 43026 The board may sell, distribute, or otherwise dispose of hydroelectric energy not necessary for the uses and purposes of the district.
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
1. 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…
2. 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…
3. 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
1. 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…
2. 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…
3. 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
1. 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.
2. 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…
3. 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…
4. 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…
5. 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…