DIVISION 21. WATER CONSERVATION DISTRICTS [74000. - 76501.]
Division 21 added by Stats. 1965, Ch. 75.
§§ 74000–76501 · 513 sections
PART 1. INTRODUCTORY PROVISIONS §§ 74000–74019 · 12 sections
CHAPTER 1. Short Title and General Provisions §§ 74000–74001 · 2 sections
CHAPTER 2. Definitions §§ 74010–74019 · 10 sections
- § 74010 Unless the context otherwise requires, the provisions of this chapter govern the construction of this division.
- § 74011 The definition of a word applies to any of its variants.
- § 74012 “District” means a water conservation district formed pursuant to the Conservation Act of California (Chapter 332, Statutes of 1919), the Water Conservation…
- § 74013 “Board” means the board of directors of a district.
- § 74014 “Principal county” means the county in which the lands within a district or a proposed district, or the greater portion thereof, are situated, and is the…
- § 74015 “Affected county” means any county in which the land of a district is situated.
- § 74016 “Board of supervisors” means the board of supervisors of the principal county.
- § 74017 “President” means the president of the board of directors of a district and “secretary” means the secretary of the board of directors.
- § 74018 “Treasurer” means the treasurer of the principal county.
- § 74019 “General district election” means the election held on the first Tuesday after the first Monday in November of each odd-numbered year, after the organization…
PART 2. FORMATION §§ 74030–74136 · 45 sections
CHAPTER 1. General Provisions §§ 74030–74033 · 4 sections
- § 74030 A district may be organized and established by the board of supervisors of any county in this state, as expressly provided in this part, when the conditions…
- § 74031 A district may be organized upon petition by the qualified electors in an area comprising the whole or a part or parts of one or more watersheds of any stream…
- § 74032 A district may be entirely within unincorporated territory or partly within unincorporated and partly within incorporated territory, and may be within one or…
- § 74033 The territory to be included within a district need not be contiguous.
CHAPTER 2. Formation Petition §§ 74050–74056 · 7 sections
- § 74050 A petition for the formation of a district, signed by at least 20 percent or 500 of the qualified electors within the proposed district, shall be presented to…
- § 74051 Any elector residing within the proposed district, whose name appears on the register of voters of the last general election, or on the register of voters at…
- § 74052 The petition shall set forth and particularly describe the proposed boundaries of the district, shall pray that the district be organized under the provisions…
- § 74053 The petition shall be published once a week for at least three weeks before the presentation to the board of supervisors in some newspaper printed and…
- § 74054 The petition may consist of any number of separate instruments, and, when contained upon more than one instrument, one copy only of the petition need be…
- § 74055 All copies of the petition filed prior to the hearing of the petition shall be considered by the board of supervisors the same as though filed with the…
- § 74056 The petition may include a statement that all bonds of the district and all bonds of any improvement district created therein shall be payable from assessments…
CHAPTER 3. Hearing §§ 74070–74076 · 7 sections
- § 74070 When a formation petition is presented, the board of supervisors shall hear it, and may adjourn the hearing from time to time. If any hearing or continued…
- § 74071 On the final hearing the board of supervisors shall make such changes in the proposed boundaries as may be deemed advisable, and shall define and establish…
- § 74072 Any person whose lands would be benefited by the district may, upon his application and in the discretion of the board of supervisors, have such lands included…
- § 74073 Upon the hearing of the formation petition the board of supervisors shall determine whether or not the petition complies with the requirements of this…
- § 74074 No defect in the contents of the formation petition, or in the title to or form of the notice, or signature, shall vitiate any proceedings thereon; provided,…
- § 74075 The determination of the board of supervisors shall be entered upon the minutes of the board.
- § 74076 If the board of supervisors finds that protest has been made prior to its final determination for formation of the district, by the owners of land, or by the…
CHAPTER 4. Formation Election §§ 74090–74106 · 17 sections
- § 74090 When the boundaries of the proposed district are defined and established by the board of supervisors, it shall make an order dividing the district into three,…
- § 74091 One director, who shall be an elector of the division, shall be elected from each division by vote of the electors of the division in which such director…
- § 74092 When the order dividing the proposed district into divisions has been made, the board of supervisors shall call an election within the proposed district to…
- § 74093 The formation election shall be held on the next established election date not less than 74 days after the date of filing the formation petition.
- § 74094 The board of supervisors shall divide the district, and the divisions thereof, into convenient precincts and fix a polling place in each precinct. There shall…
- § 74095 The board of supervisors shall appoint an inspector, a judge, and two clerks for each of the precincts established to conduct the election. The inspector,…
- § 74096 The inspector shall be chairman of the election board, and may appoint judges and clerks, if, during the progress of the election, any judge or clerk cease to…
- § 74097 The formation election shall be called by publication of notice thereof in a daily or weekly paper in each of the counties in which the district is situated,…
- § 74098 The notice of the formation election shall designate a name for the proposed district and describe the boundaries thereof. The notice shall also designate the…
- § 74099 The board of supervisors shall require the clerk of the board to provide and furnish ballots for the formation election. No particular form of ballot shall be…
- § 74100 A nominating petition for a director in any division shall be signed by 10 or more electors entitled to vote in such division and shall be filed with the board…
- § 74101 The ballots shall contain instructions that the voters shall completely select the voting target next to the words that indicate the voter’s choice.
- § 74102 The ballots shall contain as many blank spaces for the names of directors as there are directors to be elected, and the writing of the name of any qualified…
- § 74103 Except as otherwise provided in this chapter, the formation election shall be conducted in accordance with the general election laws of this state so far as…
- § 74104 The election officers shall publicly count the votes immediately after the close of the formation election, and shall make a report of the result of the…
- § 74105 The board of supervisors shall, on the first Monday succeeding the formation election, if then in session, or at its next meeting, general or special, proceed…
- § 74106 Where a vote to form a district is lost, no petition for the formation of a district comprising any portion of the same territory shall be presented or…
CHAPTER 5. Establishment of District §§ 74120–74122 · 3 sections
- § 74120 If a majority of all the votes cast at the formation election are “Water conservation district—Yes,” the board of supervisors shall by an order entered in its…
- § 74121 The board of supervisors shall immediately cause a copy of the order declaring the district formed, duly certified by the clerk of the board, to be filed for…
- § 74122 The clerk of the board of supervisors shall immediately file with the Secretary of State a certificate listing: (a) The name of the district. (b) The date of…
CHAPTER 6. Contest of Election §§ 74130–74136 · 7 sections
- § 74130 The formation election may be contested by any person holding property within the proposed district liable to be assessed for the raising of funds to carry out…
- § 74131 The directors elected at the formation election shall be made parties defendant in the election contest.
- § 74132 The election contest shall be brought in the superior court of the principal county. If more than one contest is pending, they shall be consolidated and tried…
- § 74133 The court shall immediately try the election contest, and determine, upon the hearing, whether the election was fairly conducted and in substantial compliance…
- § 74134 The election contest shall be brought within 20 days after the canvass of the votes and declaration of the result by the board of supervisors.
- § 74135 Either party to the record may appeal to the Supreme Court of this state within 30 days from entry of judgment.
- § 74136 The appeal shall be heard and determined by the Supreme Court within 60 days from the time of filing the notice of appeal.
PART 3. INTERNAL ORGANIZATION §§ 74200–74253 · 26 sections
CHAPTER 1. Directors §§ 74200–74209 · 11 sections
- § 74200 The board of directors shall consist of three, five, or seven members, depending on the number of divisions in the district. Each director shall be an elector…
- § 74200.5 (a) Notwithstanding any other provision of this part, the local agency formation commission, in approving either a consolidation of districts or the…
- § 74201 The directors elected at the formation election shall immediately enter upon their duties as such upon qualifying in the manner provided in this chapter. Such…
- § 74202 The directors of any district who are elected shall hold office pursuant to Section 10505 of the Elections Code.
- § 74203 Each director elected subsequent to the formation election shall hold office for a term of four years and until his successor is elected and qualified.
- § 74204 Vacancies occurring in the board, by reason of death, resignation, or otherwise, shall be filled pursuant to Section 1780 of the Government Code.
- § 74205 Upon his election or appointment, each person who shall be elected or appointed to the office of director shall qualify as such by taking and subscribing to an…
- § 74206 Each director shall execute an official bond in the sum of one thousand dollars ($1,000). The director shall file that official bond, together with his or her…
- § 74207 All official bonds shall be in the form prescribed by law for the official bonds of county officers.
- § 74208 Each director shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day’s attendance at meetings of the board or…
- § 74209 (a) A district with a board consisting of seven directors may reduce the number of directors to five pursuant to this section. A reduction in the number of…
CHAPTER 2. The Board §§ 74220–74229 · 11 sections
- § 74220 On the first Tuesday next following the formation election, as to the first board, and at the first meeting of the board following the time of taking office of…
- § 74221 The board shall manage and conduct the business and affairs of the district.
- § 74222 The office of the board may be established by it at some proper and convenient place within or near the district, but after the office is once established, it…
- § 74223 The board shall hold regular meetings in its office on the first Tuesday in March, June, September, and December, and such special meetings as may be required…
- § 74224 Notwithstanding Section 74223, the board may, by resolution, change the day and location for holding regular meetings. Notice of any change shall be published…
- § 74225 Special meetings may be ordered by the president or by a majority of the members of the board, specifying in writing the business to be transacted. The order…
- § 74226 All meetings of the board shall be open to the public.
- § 74227 A majority of the members of the board shall constitute a quorum for the transaction of business.
- § 74228 A minute of all proceedings of the board shall be kept by the secretary.
- § 74228.5 A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
- § 74229 The board shall, annually, make and render a verified statement of the financial condition of the district, showing particularly the receipts and disbursements…
CHAPTER 3. Officers §§ 74250–74253 · 4 sections
- § 74250 At each of its organization meetings the board shall elect a president from their number, and shall appoint a secretary, who shall each hold office at the…
- § 74251 The secretary need not be one of the directors.
- § 74252 The salary of the secretary and the amount of the bond to be given for the faithful performance of his duties shall be fixed by the board.
- § 74253 The bond of the secretary shall be recorded in the office of the recorder of the principal county and then filed with the district.
PART 4. ELECTIONS §§ 74430–74470 · 19 sections
CHAPTER 3. Relocation of Division Boundaries §§ 74430–74435 · 6 sections
- § 74430 The board of directors shall, by resolution, adjust the boundaries of any divisions pursuant to Chapter 8 (commencing with Section 22000) of Division 21 of the…
- § 74431 Before any change of the boundaries of the divisions is made pursuant to Section 74430, the board shall give notice of its intention to do so. Such notice…
- § 74432 The notice of intention to change the boundaries of the divisions shall be published at least once a week for two weeks before the time appointed for the…
- § 74433 If land is excluded from a district pursuant to Chapter 1 (commencing with Section 75750) of Part 10 of this division, the board not less than 30 days before…
- § 74434 If land is included within a district pursuant to Chapter 2 (commencing with Section 75850) of Part 10 of this division, the board shall, not less than 30 days…
- § 74435 If another district is annexed to a district pursuant to Chapter 3 (commencing with Section 75940) of Part 10 of this division the board of the annexing…
CHAPTER 4. Redivision of a District Within Ventura County §§ 74450–74470 · 13 sections
ARTICLE 1. Introduction §§ 74450–74451 · 2 sections
ARTICLE 2. Redivision Procedure §§ 74460–74470 · 11 sections
- § 74460 The number of members of the board and the basis for dividing a district into divisions for the election of directors may be changed in the manner prescribed…
- § 74461 The change may be initiated by the board by resolution or may be initiated by a petition signed by not less than 5 percent of the electors of the district. The…
- § 74462 If the divisions are based on population, the population of each as determined by the last published decennial federal census shall be substantially equal in…
- § 74463 When such change has been initiated the board within 60 days thereafter shall submit to the board of supervisors its report thereon containing a map or…
- § 74464 Within 40 days after receipt of the report of the board, the board of supervisors may change the division boundaries recommended by the board provided such…
- § 74465 The clerk of the board of supervisors shall cause a notice of the time and place of the hearing to be given by publication within the district in accordance…
- § 74466 (a) The board of supervisors shall hear all interested persons and may adjourn the hearing from time to time. Following the hearing, the board of supervisors…
- § 74467 The election on the proposed redivision of the district shall be held in the same manner as elections for the formation of a district so far as applicable. No…
- § 74468 Directors to fill vacancies in new divisions in the event the redivision is approved by the voters shall be nominated and elected at the same election in the…
- § 74469 Following approval by the voters of a redivision of the district, the directors shall, to the extent necessary, classify themselves in the manner provided by…
- § 74470 If the board of supervisors, at any time after making an order as provided by Section 74466 and prior to the election on the proposed redivision of the…
PART 5. POWERS AND PURPOSES §§ 74500–74652 · 54 sections
CHAPTER 1. Powers and Duties Generally §§ 74500–74511 · 12 sections
- § 74500 A district may: (a) Have perpetual succession. (b) Adopt a seal and alter it at pleasure.
- § 74501 A district may make contracts and do all acts necessary for the full exercise of its powers.
- § 74502 A district may appoint and employ such engineer or engineers and such attorney or attorneys as the board deems necessary or advisable to accomplish the…
- § 74503 A district may employ and hire such men, teams, tools, implements, machinery, and equipment as the board deems expedient or advisable to perform the work which…
- § 74504 A district shall cause such work to be done and shall acquire such property as the board deems necessary or advisable to accomplish the purposes of the…
- § 74505 A district shall provide for the payment, from the proper fund, of all the debts and just claims against the district.
- § 74506 A district may disseminate information concerning the rights, properties, activities, plans, and proposals of the district; provided, however, that…
- § 74507 A district may vote bonds, cause assessments to be levied, cause elections to be held for the voting of bonds, or on the question of special assessments. If…
- § 74508 A district may levy and collect a ground water charge for the production of water from the ground water supplies within the district or within a zone or zones…
- § 74509 Notwithstanding any other provision of law, a district may, by resolution of the board of the district, change the name of the district. Such changed name…
- § 74510 A district may construct, operate, and maintain one or more plants, which plants are constructed after the effective date of this section, for the generation…
- § 74511 The hydroelectric plant or plants and transmission lines constructed pursuant to Section 74510 may be leased for operation to, or the power generated may be…
CHAPTER 2. Water §§ 74520–74527 · 8 sections
- § 74520 A district may make surveys and investigations of the water supply and resources of the district.
- § 74521 A district may appropriate, acquire, and conserve water and water rights for any useful purpose.
- § 74522 A district may conserve, store, spread, and sink water and for such purposes may acquire or construct dams, damsites, reservoirs and reservoir sites, canals,…
- § 74523 A district may maintain, operate, and repair any of the works described in Section 74522.
- § 74524 A district may provide for the construction, operation, and maintenance of such works, facilities, or operations within or without the district boundaries as…
- § 74525 A district may drill, construct, install, and operate wells, pumps, pipelines, conduits, valves, gates, meters, and other appurtenances to such wells,…
- § 74526 A district may sell, deliver, distribute, or otherwise dispose of any water that may be stored or appropriated, owned, or controlled by the district.
- § 74527 A district may fix the rates at which water may be sold by the district. The rates shall be uniform for like classes of service throughout the district.
CHAPTER 3. Recreational Facilities §§ 74540–74541 · 2 sections
- § 74540 A district may acquire, construct, maintain, and operate recreational facilities in connection with any dams, reservoirs, or other works owned or controlled by…
- § 74541 A district may fix and assess reasonable charges for the use of the recreational facilities by members of the public, and may deposit any funds collected…
CHAPTER 4. Property §§ 74550–74554 · 5 sections
- § 74550 A district, for the full exercise of its powers and the accomplishment of the purposes of this division, may within or without the district: (a) Take real and…
- § 74551 The legal title to all property acquired by a district shall immediately and by operation of law vest in such district, and shall be held in trust for and set…
- § 74552 A district may take conveyances or other assurances for all property acquired by it.
- § 74553 A district may exercise the right of eminent domain to take any property necessary to be used for dams, damsites, reservoirs, reservoir sites, canals, ditches…
- § 74554 The right of eminent domain shall not extend to any property used for, or dedicated to, cemetery purposes.
CHAPTER 5. Contracts With Other Agencies §§ 74570–74630 · 18 sections
ARTICLE 1. In General §§ 74570–74572 · 4 sections
- § 74570 A district may cooperate and contract with one or more other districts or public corporations or agencies, whenever, in the opinion of the board, such…
- § 74570.5 A district may contract with any state agency to finance any district improvement authorized by this division that is related to the provision of water for…
- § 74571 In furtherance of such cooperation a district may: (a) Join with another district or districts organized under the laws of this state in the acquisition,…
- § 74572 If the district is annexed to a cooperating district, all bonds of the annexed district authorized for payment of its agreed share of the cost and expense of…
ARTICLE 2. Contracts for Supply of Water and Construction of Works §§ 74590–74593 · 4 sections
- § 74590 A district may contract with any city, city and county, county, or district organized under the laws of this state for a water supply.
- § 74591 A district may enter into contracts with municipalities, water districts of any type or kind, counties, cities and counties, the State of California, or the…
- § 74592 A district may enter into contracts with municipalities, water districts of any type or kind, counties, cities and counties, the State of California, or the…
- § 74593 A district, whenever the board deems it to be to the advantage of the district so to do, may: (a) Enter into contracts with municipalities, sanitary districts…
ARTICLE 3. Cooperation With the United States §§ 74610–74618 · 9 sections
- § 74610 A district may cooperate and contract with the United States either under the Federal Reclamation Act of June 17, 1902, and all acts amendatory thereof or…
- § 74611 The cooperation or contract may be for any or all of the following purposes: (a) Acquisition or construction of works authorized by this division. (b) A water…
- § 74612 A district may carry out and perform the terms of any contract so made.
- § 74613 As used in this article, “United States” includes the United States, and any board, bureau, agency, office or officers, department, or corporation of the…
- § 74614 The board shall generally perform all acts necessary to exercise the authority conferred by this article, except that if the issuance of bonds of the district…
- § 74615 When, in furtherance of a contract made with the United States, bonds of a district are authorized, such bonds may be transferred to or deposited with the…
- § 74616 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…
- § 74617 A contract entered into between a district and the United States may provide that the district shall not be dissolved, nor shall the boundaries be changed…
- § 74618 As whole or partial consideration for any privileges obtained by a district under any contract with the United States, any rights-of-way or rights to water or…
ARTICLE 4. Approval of Contracts by Voters § 74630 · 1 section
- § 74630 If a district undertakes to execute a contract pursuant to this chapter, no part of the annual payments for the obligations assumed therein, as principal or…
CHAPTER 6. Controversies §§ 74640–74645 · 6 sections
- § 74640 A district may sue and be sued, except as otherwise provided in this division or by law, in all actions and proceedings in all courts and tribunals of…
- § 74641 A district may commence, maintain, intervene in, and compromise, in the name of the district, and assume the costs of, any action or proceeding involving or…
- § 74642 A district may commence, maintain, intervene in, defend, and compromise actions and proceedings to prevent interference with or diminution of the natural flow…
- § 74643 A district may institute and maintain any and all actions, proceedings, and suits at law or in equity necessary or proper to fully carry out the provisions of…
- § 74644 In all courts, actions, suits, or proceedings, the board may sue, appear, and defend in the name of the district in person or by attorneys.
- § 74645 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 7. Adoption of Ordinances §§ 74650–74652 · 3 sections
- § 74650 (a) A district may act by ordinance in exercising its powers under this division over lands, structures, and facilities in which the district has a real…
- § 74651 An ordinance shall be in full force and effect upon adoption, but shall be published once in full in a newspaper of general circulation, printed, published,…
- § 74652 It is a misdemeanor for any person to violate any district ordinance adopted pursuant to Section 74650 from and after the publication or posting of the…
PART 6. FINANCIAL PROVISIONS §§ 74750–74977 · 48 sections
CHAPTER 1. Funds and Warrants §§ 74750–74756 · 7 sections
- § 74750 The treasury of the principal county is the repository of all the funds of a district. For this purpose, the treasurers of any other counties wherein is…
- § 74751 No claim shall be paid by the treasurer until allowed by the board.
- § 74752 The treasurer shall pay out the moneys of the district only upon warrants of the county auditor, drawn upon order of the board signed by the president and…
- § 74753 Upon presentation of any matured bond, or any matured interest coupon on any bond of the district, the treasurer shall pay it from the bond fund. If funds are…
- § 74754 The treasurer shall report in writing at each regular meeting of the board, and as often thereafter as requested by the board, the amount of money on hand, the…
- § 74755 As an alternative to the functions of the county treasurer and the county auditor provided in this chapter, the board may elect to disburse funds of the…
- § 74756 The election made pursuant to Section 74755 may be rescinded by resolution of the board. No later than 30 days following any such rescission, the treasurer…
CHAPTER 2. Limitation on Indebtedness §§ 74770–74772 · 3 sections
- § 74770 The board has no power, except as provided in this division as to certificates of indebtedness, notes, special assessments, and the issuance of bonds by the…
- § 74771 For the purposes of organization, or for any of any purpose for which the board is authorized to expend the collection of the first assessment, an indebtedness…
- § 74772 The expenses of organization, including the fees of attorneys and others employed to conduct the organization proceedings, are a charge upon the district, and…
CHAPTER 3. Bonds §§ 74790–74872 · 27 sections
ARTICLE 1. In General §§ 74790–74792 · 3 sections
- § 74790 A district may incur a bonded indebtedness for any purpose for which the board is authorized to expend the funds of the district, including any works,…
- § 74791 Bonds issued by a district, and bonds issued for any improvement district therein, shall be payable, both principal and interest, from assessments upon the…
- § 74792 Bonds of the district may be issued in the manner provided in this chapter payable, both principal and interest, from assessments levied upon all real property…
ARTICLE 2. Initiation of Proceedings §§ 74800–74804 · 5 sections
- § 74800 The board, whenever the interest of the district shall require it, may cause a report to be made to the effect that the acquisition of certain property or…
- § 74801 After the printing of the report the board, by resolution adopted by a majority of its members, may call an election to be held in the district for the purpose…
- § 74802 The resolution shall specify all of the following: (a) The purpose for which the indebtedness is to be incurred. (b) The amount of bonds proposed to be issued.…
- § 74803 The resolution shall further provide for submitting the question of the incurring of the indebtedness to the qualified electors of the district at an election…
- § 74804 In determining the amount of bonded indebtedness to be incurred, the board may include all costs and estimated costs incidental to or connected with the…
ARTICLE 3. Notice of Bond Election §§ 74820–74822 · 3 sections
- § 74820 Notice shall be given of the bond election by publication pursuant to Section 6062 of the Government Code in a newspaper of general circulation published in…
- § 74821 The notice of the bond election shall state all of the following: (a) The time and place for holding the election. (b) The names or numbers of election…
- § 74822 The notice of the bond election shall also state all of the following: (a) The amount of the debt proposed to be incurred. (b) The purpose thereof, in brief…
ARTICLE 4. Bond Election §§ 74830–74834 · 5 sections
- § 74830 The manner of holding and conducting the bond election, the selection of officers to conduct the election, the designation of precincts and polling places, the…
- § 74831 Several propositions may be submitted at the same bond election.
- § 74832 Only qualified electors of the district may vote at the bond election.
- § 74833 The ballots at the bond election shall contain a general statement of the amount and purpose of the bonds to be issued. To the right of or below the statement…
- § 74834 If a bond election has been fairly held and conducted, no informality or omission to perform a prescribed duty shall be held to invalidate or affect the…
ARTICLE 5. Issuance and Terms §§ 74850–74857 · 8 sections
- § 74850 If two-thirds of the votes cast upon the proposition at the bond election favor the proposition submitted, the proposition shall be deemed to have been…
- § 74851 The board may issue the bonds of the district for the whole or any part of the amount of the indebtedness authorized, and may, from time to time, provide for…
- § 74852 The board shall, by a resolution adopted by a majority of its members, prescribe the form of the bonds and of the coupons attached thereto and fix the time…
- § 74853 The bonds shall bear interest at a rate not exceeding 8 percent per year, payable annually or semiannually as may be prescribed by the board at the time of the…
- § 74854 The board may provide for redemption of bonds before maturity at prices determined by it. A bond shall not be subject to call or redemption prior to maturity…
- § 74855 The bonds shall be in such denominations as the board may prescribe.
- § 74856 The principal and interest shall be payable in lawful money of the United States at the office of the treasurer or such other place as may be designated or at…
- § 74857 The bonds shall be dated, numbered consecutively, signed by the president, and attested by the secretary with the official seal of the district. The interest…
ARTICLE 6. Sale of Bonds and Use of Proceeds §§ 74870–74872 · 3 sections
- § 74870 The bonds as issued may be sold at such times and in such amounts as the board deems expedient, after a notice inviting bids therefor has been published in the…
- § 74871 The proceeds from the sale of bonds shall be paid into the treasury of the district, placed to the credit of a special fund, and expended only for the purpose…
- § 74872 If the board determines by resolution that (1) the expenditure of money raised by the sale of bonds for the purpose for which the bonds were voted is…
CHAPTER 4. Adoption of Improvement Acts §§ 74900–74904 · 5 sections
- § 74900 A district, in the construction of any work to be done or improvement made by it or within an improvement district formed pursuant to Part 7 (commencing with…
- § 74901 Notwithstanding the provisions or limitations of any of the improvement acts relating to the work authorized to be done or the improvements authorized to be…
- § 74902 In the application of the improvement acts to proceedings under this division, the terms used in those acts shall have the following meanings: (a) “City…
- § 74903 The powers and duties conferred by the improvement acts upon boards, officers, and agents of cities shall be exercised by the board, officers, and agents of…
- § 74904 No assessment or bond levied or issued pursuant to proceedings under any of the improvement acts, as authorized by this chapter, shall become a lien, and no…
CHAPTER 5. Negotiable Promissory Notes §§ 74950–74952 · 3 sections
- § 74950 The district may issue negotiable promissory notes bearing interest at a rate not exceeding the rate set by Article 7 (commencing with Section 53530) of…
- § 74951 “Taxable property,” as used in Section 74950, means: (a) All lands and improvements within a district or improvement district, as the case may be, if the…
- § 74952 If a district undertakes to issue promissory notes pursuant to the limitations set forth in Section 74950, the limitations provided in Sections 75357 and 75358…
CHAPTER 6. Issuance of Revenue Bonds Pursuant to the Revenue Bond Law of 1941 §§ 74975–74977 · 3 sections
- § 74975 Subject to the limitations of this chapter, revenue bonds, including refunding revenue bonds, may be issued by a district under the Revenue Bond Law of 1941,…
- § 74976 This chapter provides an alternative authority and procedure for the subject to which it relates, but does not affect any other law relating to such subject or…
- § 74977 For the purposes of this chapter, the term “enterprise,” as used in the Revenue Bond Law of 1941, shall be limited to and shall include only those works or…
PART 7. IMPROVEMENT DISTRICTS §§ 75000–75231 · 82 sections
CHAPTER 1. Improvement Districts for Issuance of Bonds §§ 75000–75090 · 26 sections
ARTICLE 1. Initiation of Proceedings §§ 75000–75002 · 3 sections
- § 75000 Whenever 1,000 or more of the holders of title or evidence of title of land within a district, as shown by the records of the county assessor, desire to form…
- § 75001 Upon receipt of the formation petition the board shall cause a survey to be made of the proposed improvement, and if it is found that the plan of improvement…
- § 75002 The report shall be filed in the office of the district and shall be subject to the inspection of all parties interested.
ARTICLE 2. Hearing and Formation §§ 75010–75016 · 7 sections
- § 75010 After the filing of the report required by Section 75001, the board shall give notice of a hearing upon the formation petition by posting a notice thereof in…
- § 75011 At the hearing the board shall hear such objections to the formation petition, the formation of the improvement district and its boundaries, and the plans,…
- § 75012 At the hearing the board may make such changes in the boundaries of the proposed improvement district as it deems advisable and shall define and establish the…
- § 75013 At the hearing the board shall determine whether the petition complies with the requirements of Section 75000 and for that purpose shall hear all competent and…
- § 75014 If more than one-third of the holders of title or evidence of title of lands within the proposed improvement district object in writing at the hearing to the…
- § 75015 At the conclusion of the hearing, if the board determines that the improvement district should be formed, it shall make a final order approving the formation…
- § 75016 The order shall be entered in the minutes of the board and a copy thereof shall be recorded in the office of the county recorder of each county in which any of…
ARTICLE 3. Calling of Bond Election §§ 75030–75032 · 3 sections
- § 75030 If the board makes the final order approving the formation petition, it may, by resolution adopted by a majority of its members, call an election for the…
- § 75031 The resolution shall specify all of the following: (a) The purpose for which bonds are proposed to be issued. (b) The maximum rate of interest the bonds shall…
- § 75032 The resolution shall further provide for submitting the question of the incurring of the indebtedness to the qualified electors of the improvement district at…
ARTICLE 4. Notice of Bond Election §§ 75050–75051 · 2 sections
- § 75050 Notice shall be given of the bond election by publication in a newspaper published in each of the counties in which the improvement district is situated, if…
- § 75051 The notice of the bond election shall designate a name for the improvement district and describe the boundaries thereof. The notice shall also designate the…
ARTICLE 5. Bond Election §§ 75060–75066 · 7 sections
- § 75060 The bond election shall be conducted in accordance with the general election laws of the state as far as applicable and except as otherwise provided in this…
- § 75061 Several propositions may be submitted at the same bond election.
- § 75062 Only qualified electors of the improvement district may vote at the bond election. All electors residing within the improvement district whose names appear on…
- § 75063 The ballots at the bond election shall contain a general statement of the amount and purpose of the bonds to be issued. To the right of or below the statement…
- § 75064 Immediately after the bond election, the election officers shall publicly count the votes and make and transmit a report of the result of the election to the…
- § 75065 If two-thirds of the votes cast upon the proposition favor the proposition submitted, the proposition shall be deemed to have been accepted by the voters and…
- § 75066 If the bond election has been fairly held and conducted, no informality or omission to perform a prescribed duty shall be held to invalidate or affect the…
ARTICLE 6. Powers of the Board §§ 75080–75082 · 3 sections
- § 75080 Any improvement district formed pursuant to this chapter shall be under the supervision, direction, and control of the board.
- § 75081 The board shall have the same power, authority, and jurisdiction over and with reference to an improvement district formed pursuant to this chapter that it…
- § 75082 All provisions of this division, insofar as they are applicable, including provisions for bonds and assessments, shall apply to and govern improvement…
ARTICLE 7. Payment of Bonds from Assessments Upon Real Property § 75090 · 1 section
- § 75090 The bonded indebtedness of an improvement district formed pursuant to this chapter may be made payable from assessments to be levied upon all real property in…
CHAPTER 2. Special Improvement Districts §§ 75110–75168.6 · 36 sections
ARTICLE 1. In General § 75110 · 1 section
- § 75110 A special improvement district may be formed of an area benefited thereby, a bonded indebtedness of such special improvement district may be incurred under…
ARTICLE 2. Initiation of Proceedings §§ 75120–75122 · 3 sections
- § 75120 Whenever the board deems it necessary for the district to form a special improvement district and to perform the other acts provided in this chapter as to an…
- § 75121 The resolution of intention shall set forth all of the following: (a) A declaration of the necessity for the special improvement district. (b) The purpose of…
- § 75122 A copy of the resolution of intention shall be published pursuant to Section 6062 of the Government Code in a newspaper of general circulation published in the…
ARTICLE 3. Hearing and Formation §§ 75130–75135 · 6 sections
- § 75130 At the hearing, any person interested, including persons owning property within the proposed special improvement district, may appear and present any matters…
- § 75131 The board may exclude from the proposed special improvement district any territory that, in its opinion, would not be benefited by being in the proposed…
- § 75132 Lands not included in the original resolution of intention shall not be included within the proposed special improvement district except at a hearing held by…
- § 75133 The board shall not modify the boundaries of the proposed special improvement district so as to exclude therefrom any land which would be benefited by the…
- § 75134 If protest has been made, prior to its final determination for formation of the district, by the owners of land (or by the owners of real property, in the…
- § 75135 At the conclusion of the hearing, after making all necessary and proper changes in the boundaries, the board shall, by resolution, form the special improvement…
ARTICLE 4. Election §§ 75150–75153 · 4 sections
- § 75150 After the formation of the special improvement district, the board shall call an election for the purpose of submitting to the voters therein the question of…
- § 75151 When a district has not been formed pursuant to Section 74056, and it is proposed that the basis of taxation in the special improvement district shall be…
- § 75152 If a proposition of incurring the bonded indebtedness is approved by two-thirds of the voters voting on such proposition, or if a proposition of approving a…
- § 75153 No informality in any proceeding under this chapter, including the conduct of any election, not substantially affecting adversely the legal rights of any…
ARTICLE 5. Inclusion of Territory § 75160 · 1 section
- § 75160 Territory may be added to a special improvement district in the manner provided in this chapter for its formation.
ARTICLE 6. Alternative Provisions for Government of Special Improvement Districts §§ 75165–75166.3 · 14 sections
- § 75165 Any special improvement district formed pursuant to this chapter shall be under the supervision, direction and control of the board of directors of the water…
- § 75165.1 A petition signed by holders of title or evidence of title of land representing at least fifteen percent (15%) of the assessed valuation of taxable land in the…
- § 75165.2 Upon receiving the petition and determining its adequacy, the board of directors shall set it for hearing and give notice of the time and place of the hearing…
- § 75165.3 At the time fixed for the hearing, the board of directors shall hear all persons appearing for and against the matter, and at the conclusion of the hearing the…
- § 75165.4 In the event the board determines in favor of the petition, it shall forthwith call a special election within the boundaries of the special improvement…
- § 75165.5 The resolution calling such election shall include an order dividing the special improvement district into four consecutively numbered divisions. One trustee…
- § 75165.6 The special election shall be held and conducted, candidates nominated, the results declared and the returns canvassed in the same manner as the regular…
- § 75165.7 The four persons receiving, respectively, the highest number of votes for trustee in each division, plus the one person receiving the highest number of votes…
- § 75165.8 The trustees so elected shall immediately enter upon their duties as such upon qualifying, and shall hold office, respectively, until their successors are…
- § 75165.9 Each trustee shall receive an amount to be fixed by the board of trustees for each day’s actual attendance at the meetings of the trustees and actual and…
- § 75166 The salary of the secretary and the amount of the bond to be given for the faithful performance of his duties shall be fixed by the board of trustees.
- § 75166.1 The board of trustees shall meet regularly at least once each month at a time and place to be fixed by resolution of the trustees.
- § 75166.2 Except as otherwise provided in this article, all provisions of this division relating to biennial elections, vacancies, oaths, bonds, terms of office,…
- § 75166.3 The board of trustees of any special improvement district, the lands within which are obligated to repay a loan or loans from the United States under any loan…
ARTICLE 7. Transfer of District Funds §§ 75168–75168.6 · 7 sections
- § 75168 The board may from time to time order the transfer of funds to a special improvement district for the benefit of such special improvement district, from any…
- § 75168.1 Prior to the transfer of any funds authorized by Section 75168, the board shall call an election pursuant to Chapter 3 (commencing with Section 75390) of Part…
- § 75168.2 The notice of election shall specify the amount of money proposed to be transferred by the district and the purpose or purposes for which it is intended to be…
- § 75168.3 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.
- § 75168.4 If a majority of the votes cast are “Transfer—Yes,” the board shall at the time of the annual estimate under Chapter 1 (commencing with Section 75350) of Part…
- § 75168.5 The special assessment shall be levied as generally provided in Chapters 1 (commencing with Section 75350) and 2 (commencing with Section 75370) of Part 8 of…
- § 75168.6 If the provisions of Section 74056 are complied with in the formation of a district or if the provisions of Section 75151 have been complied with as to such…
CHAPTER 3. Benefit Assessment Improvement Districts §§ 75170–75231 · 20 sections
ARTICLE 1. Initiation of Proceedings §§ 75170–75175 · 6 sections
- § 75170 As an additional and alternative method of creating improvement districts of parts of the area within districts two-thirds of the holders of title or evidence…
- § 75171 Said formation petition shall contain a statement of the plan of the proposed improvement, a description of the boundaries of the proposed improvement…
- § 75172 The formation petition, and all proceedings in reference thereto, and the lands affected thereby, shall be designated by number, and the description of the…
- § 75173 Upon receipt of the formation petition the board shall cause a survey to be made of the proposed improvement and if it is found that the plan of improvement is…
- § 75174 The board constitutes a board of assessment commissioners to levy and apportion such assessment.
- § 75175 The formation petition, plans, specifications, estimate, and statement and assessment shall be filed in the office of the district and shall be subject to the…
ARTICLE 2. Hearing and Formation §§ 75190–75196 · 7 sections
- § 75190 After the filing of the plans, specifications, estimate, and statement and assessment, the board shall give notice of a hearing upon the formation petition and…
- § 75191 Notice of the hearing shall be given by posting a notice thereof in three public places within the proposed improvement district, by publishing the notice once…
- § 75192 At the hearing the board shall hear such objections to the formation petition, to the formation of the improvement district and its boundaries, to the plans,…
- § 75193 The board may exclude any part or portion of the lands described in the formation petition from the improvement district, and may include additional lands. If…
- § 75194 If more than one-third of the holders of title or evidence of title of lands within the proposed improvement district object, at the hearing, to the formation…
- § 75195 At the conclusion of the hearing, if the board determines that the improvement district should be formed and assessments levied to pay the costs of the…
- § 75196 The order shall be entered in the minutes of the board and a copy thereof shall be recorded in the office of the county recorder of each county in which any of…
ARTICLE 3. Assessment and Warrants §§ 75210–75214 · 5 sections
- § 75210 The improvement district assessment shall include a sum that equals interest on any deferred payments at a rate not to exceed 8 percent per year, and 10…
- § 75211 The improvement district assessment may be made payable in not to exceed 10 annual installments and the board shall, at the time of the levy of the annual…
- § 75212 The improvement district assessment, or any installment thereof, shall be and remain a lien on the lands in the same manner as, and shall be a part of, the…
- § 75213 The district shall issue warrants for the amount of the improvement district assessment, which warrants shall be made payable in amounts and at the times…
- § 75214 If the improvement district assessment is insufficient to pay in full the cost of the improvements or pay the warrants issued for such improvements, an…
ARTICLE 4. Powers and Duties of the Board §§ 75230–75231 · 2 sections
- § 75230 The board and all other officers of the district shall have all the rights, powers, and privileges concerning an improvement district formed pursuant to this…
- § 75231 The work of improvement for which the improvement district is formed, and the purchase of all necessary supplies, material, and equipment therefor, shall be…
PART 8. ASSESSMENTS §§ 75350–75481.5 · 61 sections
CHAPTER 1. Annual Estimate §§ 75350–75359 · 10 sections
- § 75350 As used in this part: (a) “Ensuing fiscal year” means the fiscal year in which the board is required to furnish the annual estimate, as provided in this…
- § 75351 The board shall, on or before the 10th day of July of each fiscal year, furnish the board of supervisors and the auditor of each affected county, an estimate…
- § 75352 The amount in the annual estimate shall be sufficient to raise a sum of money which shall be sufficient to pay all of the following: (a) The incidental…
- § 75353 If bonds have been voted and sold by the district, the board shall include in the annual estimate an amount which, together with any moneys available therefor…
- § 75354 If bonds have been voted but not sold, and the board expects to sell such bonds prior to the end of the ensuing fiscal year, there shall be included in the…
- § 75355 If the district has voted a special assessment as provided in Chapter 3 (commencing with Section 75390) of this part, the board shall include in the annual…
- § 75356 The annual estimate may also include such an amount as the board deems advisable to expend in the acquisition or construction of settling basins, wells, dams,…
- § 75357 Except as provided in Section 75358, the assessment levied during any year pursuant to this chapter shall not exceed two and one-half mills ($0.0025) on each…
- § 75358 If the proceeds of bonds voted for the acquisition of properties for, or the construction of, any works or projects of the district are insufficient to pay the…
- § 75359 When a district is in more than one county, the total annual estimate shall be divided by the board in proportion to the value of the land of the district in…
CHAPTER 2. Levy of Assessments §§ 75370–75375 · 6 sections
- § 75370 The board of supervisors of each affected county shall, annually, at the time of levying county taxes, levy an assessment tax to be known as the “____ (name of…
- § 75371 The board of supervisors of each affected county shall determine the rate of each of the assessments referred to in Section 75370 by deducting 15 percent for…
- § 75372 The assessment tax levied to pay bond principal and interest, when collected, shall be paid into the bond fund of the district and shall be used only for the…
- § 75373 If the provisions of Section 74056 are complied with in the formation of a district so that all bonds of the district and of any improvement district created…
- § 75374 The assessments levied pursuant to this chapter shall be computed and entered on the assessment roll by the county auditor, and if the board of supervisors…
- § 75375 The provisions of the Revenue and Taxation Code, prescribing the manner of levying and collecting assessments and the duties of the several county officers…
CHAPTER 3. Special Assessments §§ 75390–75396 · 7 sections
- § 75390 The board may at any time call an election and submit to the qualified electors of the district the question whether a special assessment shall be levied for…
- § 75391 The election shall be called upon the notice prescribed in, and shall be held and the result thereof determined and declared in all respects in conformity…
- § 75392 The notice of election shall specify the amount of money proposed to be raised and the purpose or purposes for which it is intended to be used, and it may…
- § 75393 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.
- § 75394 If a majority of the votes cast are “Assessment—Yes,” the board shall at the time of the annual estimate under Chapter 1 (commencing with Section 75350) of…
- § 75395 The special assessment shall be levied as generally provided in Chapters 1 (commencing with Section 75350) and 2 (commencing with Section 75370) of this part…
- § 75396 If the provisions of Section 74056 are complied with in the formation of a district so that all bonds of the district and of any improvement district created…
CHAPTER 4. Project Assessments §§ 75410–75463 · 19 sections
ARTICLE 1. Initiation of Proceedings §§ 75410–75415 · 6 sections
- § 75410 If the board determines, by resolution, that it would be inequitable to secure all or any portion of the money necessary for any project of the district…
- § 75411 The resolution of the board shall also designate that portion of the cost of the project, if any, that the board determines can be secured equitably by means…
- § 75412 After the adoption of the resolution, the board shall cause to be prepared any necessary plans and specifications of the project, and estimates of the…
- § 75413 The assessment shall be payable in not to exceed 40 annual installments, with interest at an annual rate not to exceed 7 percent.
- § 75414 The board constitutes a board of commissioners to levy and apportion the assessment.
- § 75415 The resolution, plans, specifications, estimate, and proposed assessment shall be filed in the district office and shall be subject to public inspection.
ARTICLE 2. Hearing §§ 75430–75432 · 3 sections
- § 75430 After the filing of the resolution, plans, specifications, estimate, and proposed assessment, the board shall hold a hearing upon the matter, notice of which…
- § 75431 At the hearing the board shall hear such objections to the resolution, plans, specifications, estimates, and the proposed assessment and apportionment thereof…
- § 75432 If (a) more than 40 percent of the holders of title or evidence of title to land within the boundaries of all cities within the district, or (b) more than 40…
ARTICLE 3. Election §§ 75440–75445 · 6 sections
- § 75440 If sufficient objections are not presented to the board at the hearing, it shall call an election to be held in the district for the purpose of authorizing the…
- § 75441 Notice of the election shall be posted and published and the election shall be conducted, insofar as practicable, in accordance with the provisions of Chapter…
- § 75442 Several purposes may be submitted at the same election.
- § 75443 Only qualified electors of the district may vote at the election.
- § 75444 The ballots at the election shall contain a general statement of the amount and purpose of the assessment to be levied. To the right of or below the statement…
- § 75445 If a majority of the votes cast by the qualified electors in cities and a majority of the votes cast by the qualified electors residing in unincorporated areas…
ARTICLE 4. Assessment and Warrants §§ 75460–75463 · 4 sections
- § 75460 The project assessment, or any installment thereof, shall be and remain a lien on the lands in the same manner as, and shall be part of, the annual district…
- § 75461 The district shall issue warrants for the amount of the project assessment, which warrants shall be made payable in the amount and at times corresponding…
- § 75462 Such warrants shall be payable only out of funds derived from the levy and collection of the project assessment and, if so stated in the resolution proposing…
- § 75463 The proceeds arising from the sale of the warrants shall be paid into the treasury of the district and placed to the credit of a special project fund and…
CHAPTER 5. (Multiple Versions) §§ 75470–75478.5 · 15 sections
- § 75470 The Central San Joaquin Water Conservation District, in addition to its other powers, may fix and collect charges as provided in this chapter. As used in this… see note
- § 75470.5 On or before the 30th day of June of each year, the district may, by resolution of the board, fix and collect charges sufficient to meet and pay the estimated…
- § 75471 The board, in fixing the charges pursuant to Section 75470.5, shall fix a uniform charge per acre on each acre of taxable land within the district sufficient…
- § 75471.5 If the charge for any parcel of land separately charged, based on the rate fixed pursuant to Section 75471, is less than ten dollars ($10), a minimum charge…
- § 75472 The district may, by resolution of the board, provide a procedure for and collect the charges by way of the tax bills of the county in which the district is…
- § 75473 Any charge erroneously made by reason of inadvertence or clerical mistake may be refunded upon order of the board at any time after payment thereof.
- § 75474 The board shall annually fix and collect a charge, as provided in Section 75471, until the board, on its own motion or on petition of landowners representing…
- § 75475 The board, pursuant to Section 75474, shall thereafter appoint three commissioners who have no interest in any real property within the district, each of whom,…
- § 75475.5 The commissioners shall determine whether the district should be divided into more than one zone of benefit. If the commissioners determine that the district…
- § 75476 Upon receipt of the commissioners’ map and report, the board shall schedule a hearing thereon. Notice of the hearing shall be given in each county in which the…
- § 75476.5 The notice shall state the time and place of hearing, that the purpose of the hearing is to approve the report and map of the commissioners, and the location…
- § 75477 At the hearing, any landowner within the proposed boundaries of the benefit zone or other interested person may offer any relevant evidence or testimony…
- § 75477.5 At the conclusion of the hearing, the board may alter the boundaries of benefit zones or the percentages of benefits applicable thereto and shall make an order…
- § 75478 Upon an order that the district be divided into more than one zone, the charge per acre made pursuant to Section 75471 shall be multiplied by the percentage of…
- § 75478.5 The board, subsequent to any redetermination of benefits made pursuant to Section 75474, may, on its own motion or on petition of landowners representing at…
CHAPTER 6. North San Joaquin Water Conservation District §§ 75480–75481.5 · 4 sections
- § 75480 (a) The North San Joaquin Water Conservation District, in addition to its other powers, may levy assessments as provided in this chapter. (b) “District,” for…
- § 75480.5 (a) The North San Joaquin Water Conservation District may fix and collect assessments upon taxable land within the district on which surface water or…
- § 75481 (a) The district may, by resolution of the board, provide a procedure for and collect the assessments by way of the tax bills of the county in which the…
- § 75481.5 Any assessments erroneously made by reason of inadvertence or clerical mistake may be refunded upon order of the board at any time after payment.
PART 9. GROUND WATER CHARGE §§ 75500–75642 · 68 sections
CHAPTER 1. In General §§ 75500–75524 · 15 sections
ARTICLE 1. Definitions §§ 75500–75508 · 10 sections
- § 75500 Unless the context otherwise requires, the provisions of this article shall govern the construction of this part.
- § 75501 “Person” or “operator” means public agencies, federal, state, and local, private corporations, firms, partnerships, limited liability companies, individuals,…
- § 75502 “Ground water” means all water beneath the earth’s surface, but does not include water which is produced with oil in the production of oil and gas, or in a…
- § 75502.5 Notwithstanding Sections 75500 and 75502, for purposes of the United Water Conservation District, “groundwater” means all water beneath the earth’s surface,…
- § 75503 “Production” or “producing” means the act of extracting ground water by pumping or otherwise.
- § 75504 “Water-producing facility” means any device or method, mechanical or otherwise, for the production of water from the ground water supplies within the district.
- § 75505 “Accumulated overdraft” means the amount of water necessary to be replaced in the intake areas of the ground water basins within the district or any zone or…
- § 75506 “Annual overdraft” means the amount, determined by the board, by which the production of water from ground water supplies within the district or any zone or…
- § 75507 (a) “Water year” means the period beginning October 1 of one calendar year and ending September 30 of the following calendar year. (b) “Current water year”…
- § 75508 “Agricultural water” means water first used on lands in the production of plant crops or livestock for market.
ARTICLE 2. General Provisions §§ 75520–75524 · 5 sections
- § 75520 The provisions of Articles 1 (commencing with Section 75560), 2 (commencing with Section 75570), and 3 (commencing with Section 75590) of Chapter 3 of this…
- § 75521 Ground water charges levied pursuant to this part are declared to be in furtherance of district activities in the protection and augmentation of the water…
- § 75522 The ground water charges are authorized to be levied upon the production of ground water from all water-producing facilities, whether public or private, within…
- § 75523 The proceeds of ground water charges levied and collected upon the production of water from ground water supplies within the district or a zone or zones…
- § 75524 Any person or operator who augments the water supplies for use within the United Water Conservation District or a zone or zones thereof, by importing water…
CHAPTER 2. Establishment of Zones and Registration of Water-Measuring Devices §§ 75540–75544 · 5 sections
- § 75540 Prior to the establishment of any ground water charge, the board shall establish a zone or zones within the district within which the ground water charge will…
- § 75541 Within six months after the date of establishing a zone or zones, all water-producing facilities located within the boundaries of such zone or zones shall be…
- § 75542 Any new water-producing facility constructed or reestablished after the period prescribed in Section 75541 shall be registered with the district and, if…
- § 75543 Any water-measuring device required by and satisfactory to any other public agency, county, or district, or zone thereof, the boundaries of which substantially…
- § 75544 The registration form for water-measuring devices shall contain all of the following: (a) Information as to the owner or owners of the land upon which each…
CHAPTER 3. Procedure for Levy and Collection §§ 75560–75638 · 45 sections
ARTICLE 1. Investigation and Report §§ 75560–75561 · 2 sections
- § 75560 The district shall annually cause to be made an engineering investigation and report upon ground water conditions of the district.
- § 75561 The engineering investigation and report shall include all of the following: (a) Information for the consideration of the board in its determination of the…
ARTICLE 2. Hearing §§ 75570–75575 · 6 sections
- § 75570 On or before the day of the regular meeting of the board in March of each year, the engineering investigation and report shall be delivered to the secretary in…
- § 75571 The secretary shall publish a notice of the receipt of the engineering investigation and report and of a public hearing thereon to be held in April. The notice…
- § 75572 The notice, among other information which the district may provide therein, shall contain an invitation to all operators of water-producing facilities within…
- § 75573 The board shall hold a public hearing in April of each year, in the regular meeting place of the board, not sooner than 30 days after receipt of the…
- § 75574 The board shall, before the levy of the ground water charge, find and determine all of the following: (a) The average annual overdraft for the immediate past…
- § 75575 The findings and determinations by the board are conclusive and binding upon all persons and parties.
ARTICLE 3. Levy §§ 75590–75601 · 10 sections
- § 75590 Prior to the end of the water year in which the hearing is held, and based upon the findings and determinations from the hearing, the board shall determine…
- § 75591 If the board determines that a zone or zones should be established and a ground water charge levied therein, it shall establish the zone or zones and levy,…
- § 75592 The charge shall be computed at a fixed and uniform rate per acre-foot for agricultural water, and at a fixed and uniform rate per acre-foot for all water…
- § 75593 Different rates may be established in different zones; provided, however, that in each zone the rate for agricultural water shall be fixed and uniform and the…
- § 75594 Except as provided in Section 75595, any ground water charge in any year shall be established at a fixed and uniform rate for each acre-foot for water other…
- § 75595 In any county which has a population of 503,000 or more and less than 600,000, any ground water charge in any year shall be established at a fixed and uniform…
- § 75596 Any ground water charge levied pursuant to this part shall be in addition to any general tax or assessment levied within the district or a zone or zones…
- § 75598 In addition to the information required to be given to the board of supervisors and the auditor of each affected county pursuant to Chapter 1 (commencing with…
- § 75600 Clerical errors occurring or appearing in the name of any person or in the description of the water-producing facility where the production of water therefrom…
- § 75601 (a) Notwithstanding any other provision of law, the board may amend the report prepared pursuant to Section 75561 at any time during the water year. Upon…
ARTICLE 4. Collection §§ 75610–75624 · 15 sections
- § 75610 The district, after the levying of the ground water charge, shall give notice thereof to each operator of each water-producing facility in the zone or zones as…
- § 75611 After the establishment of a ground water charge, each operator of a water-producing facility within the affected zone or zones of the district, until such…
- § 75612 If no water has been produced from a water-producing facility during the preceding six-month period, a statement shall be filed with the district, setting…
- § 75613 The ground water charge is payable to the district on or before the last date upon which the water production statement is required to be filed and is computed…
- § 75614 Whenever any water-producing facility in an affected zone is permanently abandoned, the operator thereof shall give written notice of such abandonment to the…
- § 75615 If any operator of a water-producing facility fails to pay the ground water charge when due, the district shall charge interest at the rate of one percent (1%)…
- § 75616 If any operator of a water-producing facility fails to register the water-producing facility, or fails to file the water production statements as required by…
- § 75617 The board may, at the time of fixing the ground water charge, establish a method or methods to be used in computing the amount of water produced from a…
- § 75618 Upon good cause shown, an amended statement of water production may be filed or a correction of the records may be made at any time prior to the final date for…
- § 75619 If the district has probable cause to believe that the production of water from any water-producing facility is in excess of that disclosed by the sworn…
- § 75620 After the determination has been made by the district pursuant to Section 75619, a written notice thereof shall be mailed to the person operating the…
- § 75621 A determination made by the district pursuant to Section 75619 shall be conclusive on all persons having an interest in the water-producing facility involved,…
- § 75622 Upon the filing of a protest, the board shall hold a hearing, at which time the total amount of the water production and the ground water charge thereon shall…
- § 75623 A notice of the hearing shall be mailed to the protestant at least 10 days before the date fixed for the hearing. Notice of the determination by the board at…
- § 75624 Notice as required in Sections 75620 and 75623 shall be given by deposit thereof in any postal facility regularly maintained by the government of the United…
ARTICLE 5. Court Actions §§ 75630–75633 · 4 sections
- § 75630 The superior court of the county in which a water-producing facility within the district lies may issue a temporary restraining order upon the filing by the…
- § 75631 The court in such action may issue and grant an injunction restraining and prohibiting the named defendant from the operation of any water-producing facility…
- § 75632 The right to proceed for injunctive relief granted by this article is an additional right to those which may be provided elsewhere in this division or…
- § 75633 The district may bring a suit in any court having jurisdiction against any operator of a water-producing facility within the district for the collection of any…
ARTICLE 6. United Water Conservation District §§ 75634–75638 · 8 sections
- § 75634 For the purposes of this article, “district” means the United Water Conservation District.
- § 75634.5 For the purpose of investigating compliance with any provisions of this division or any district ordinance, the district may inspect any water-producing…
- § 75635 In addition to those remedies set forth in Sections 75615 and 75616, if the operator of a water-producing facility fails to file a water production statement…
- § 75635.5 (a) In addition to the district’s right to bring a suit against any operator of a water-producing facility within the district for the collection of any…
- § 75636 In accordance with Section 75614, when an operator provides notice to the district of the abandonment of a water-producing facility or a water-producing…
- § 75637 (a) As an alternative to bringing suit pursuant to Section 75633, the district may collect any delinquent groundwater charges and any interest, penalties,…
- § 75637.5 Following the issuance of an injunction restraining the operation of a water-producing facility in accordance with Section 75631 and the termination of any…
- § 75638 The remedies specified in this article are cumulative and the district may pursue them alternatively or use them concurrently as determined by the board of…
CHAPTER 4. Crimes §§ 75640–75642 · 3 sections
- § 75640 Any person who fails to register a water-producing facility, as required by Chapter 2 (commencing with Section 75540) of this part, is guilty of a misdemeanor.
- § 75641 Any person who produces water from any water-producing facility required to be registered pursuant to Chapter 2 (commencing with Section 75540) of this part is…
- § 75642 Any person who injures, alters, removes, resets, adjusts, manipulates, obstructs, or in any manner interferes or tampers with, or procures or causes or directs…
PART 10. CHANGES IN ORGANIZATION §§ 75750–76061 · 96 sections
CHAPTER 1. Exclusion §§ 75750–75835 · 25 sections
ARTICLE 1. In General §§ 75750–75751 · 2 sections
- § 75750 The boundaries of a district may be changed and tracts of land may be excluded therefrom, in the manner prescribed in this chapter. Neither such change of the…
- § 75751 A guardian, executor, or an administrator of an estate, who is appointed as such under the laws of this state, and who, as such guardian, executor, or…
ARTICLE 2. Petition and Notice §§ 75760–75764 · 5 sections
- § 75760 The owner or owners in fee of one or more tracts of land which constitute a portion of a district and which severally or in their entirety are contiguous to…
- § 75761 The petition for exclusion of lands shall state the grounds and reasons upon which it is claimed that the lands should be excluded. The petition shall describe…
- § 75762 The petition for exclusion of lands shall be acknowledged in the manner and form as is required in the case of conveyance of land, and the acknowledgment shall…
- § 75763 The secretary shall cause a notice of the filing of the petition for exclusion of lands to be published for at least once a week for two weeks in some…
- § 75764 The notice of the filing of the petition for exclusion of lands shall state the filing of the petition, the names of the petitioners, a description of the…
ARTICLE 3. Hearing and Order §§ 75780–75784 · 5 sections
- § 75780 The board, at the time and place mentioned in the notice of the filing of the petition for exclusion of lands, or at the time or times to which the hearing of…
- § 75781 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 for…
- § 75782 The expenses of giving the notice of the filing of the petition for exclusion of lands and of the proceedings on the petition shall be paid by the person or…
- § 75783 If, upon the hearing of the petition for exclusion of lands, no evidence or proofs in support thereof are introduced, or if the evidence fails to sustain the…
- § 75784 If the board deems it for the best interest of the district that the lands mentioned in the petition for exclusion of lands, or some portion thereof, be…
ARTICLE 4. Recordation of Change of Boundaries and Filing of Certificate §§ 75800–75802 · 3 sections
- § 75800 If the board excludes any lands from the district, it shall make an entry in the minutes of the board describing the boundaries of the district, if the…
- § 75801 A certified copy of the entry in the minutes of the board excluding any land, certified by the president and secretary, shall be filed for record in the…
- § 75802 Upon exclusion of land from the district, the board shall file a certificate with the Secretary of State stating: (a) The name of the district. (b) The…
ARTICLE 5. Bondholders’ Assent to Exclusion §§ 75810–75813 · 4 sections
- § 75810 If there are outstanding bonds of the district at the time of the filing of the petition for exclusion of lands, the holders of such outstanding bonds may give…
- § 75811 The assent shall be acknowledged by the several holders of the outstanding bonds in the same manner and form as is required in case of a conveyance of land,…
- § 75812 The assent shall be filed with the board, and shall be recorded in the minutes of the board; and such minutes, or a copy thereof, certified by the secretary,…
- § 75813 If the holders of outstanding bonds of the district which are payable from assessments upon real property give their assent, as provided in Section 75810, to…
ARTICLE 6. Effect of Exclusion §§ 75830–75835 · 6 sections
- § 75830 A district, notwithstanding the exclusion of lands therefrom, shall be and remain a district as fully, to every intent and purpose, as it would be had no…
- § 75831 Nothing in this division shall, in any manner, operate to release any of the lands excluded from a district from any obligation to pay, or from any lien…
- § 75832 For the purpose of discharging the outstanding indebtedness at the time of the filing of the petition for exclusion of lands, the lands excluded shall be…
- § 75833 The provisions of Sections 75831 and 75832 shall not apply to any outstanding bonds, the holders of which have assented to the exclusion of the lands from the…
- § 75834 If any of the outstanding bonds are payable from assessments upon all real property in the district, any real property excluded from the district by virtue of…
- § 75835 If the land excluded from any district embraces the greater portion of any division or divisions of such district, the office of director for such division or…
CHAPTER 2. Inclusion §§ 75850–75939 · 42 sections
ARTICLE 1. In General §§ 75850–75852 · 3 sections
- § 75850 The boundaries of a district may be changed to include additional land within the district as provided in this chapter, and the inclusion within a district of…
- § 75851 When a district is the sole owner of any tract of land not within the boundaries of the district, the board, upon determining that the inclusion of that land…
- § 75852 A guardian, executor, or administrator of an estate, who is appointed as such under the laws of this state, and who, as such guardian, executor, or…
ARTICLE 2. Petition and Notice §§ 75860–75864 · 5 sections
- § 75860 The holder of title or evidence of title, to any tract of land, or if there is more than one holder of title or evidence of title to such tract, the majority…
- § 75861 Each signature to the petition for inclusion of lands shall be acknowledged or proved as provided by law for signatures to an instrument to entitle it to be…
- § 75862 The secretary shall cause a notice of the filing of the petition for inclusion of lands to be given and published in the same manner and for the same time as…
- § 75863 The notice of the filing of the petition for inclusion of lands shall state the purpose of the petition, describe the boundaries of the tract of land proposed…
- § 75864 The petitioners shall advance to the secretary sufficient money to pay for the publication of the notice of the filing of the petition for the inclusion of…
ARTICLE 3. Hearing and Order §§ 75880–75887 · 8 sections
- § 75880 The board, at the time and place mentioned in the notice of the filing of the petition for inclusion of lands, or at the time or times to which the hearing of…
- § 75881 The failure of any person interested in the district, or in the matter of the proposed change of its boundaries, to show cause in writing why the proposed…
- § 75882 If the board, after the hearing, determines that the petition for inclusion of lands complies with the requirements of Article 2 (commencing with Section…
- § 75883 If the board determines that only a portion or certain portions of the tract of land described in the petition for inclusion of lands should be included, the…
- § 75884 The order changing the boundaries shall describe the boundaries of the land included within the district, and if such land adjoins any portion of the district,…
- § 75885 If more than one petition for the inclusion of land has been presented, the board may in one order include within the district any number of separate tracts of…
- § 75886 Any public land of the United States may be included within a district, except as may be provided otherwise by federal law.
- § 75887 The board may require, as a condition precedent to the granting of the petition for inclusion of lands, that the petitioners severally pay to the district such…
ARTICLE 4. Election §§ 75900–75907 · 8 sections
- § 75900 If a protest against the inclusion of lands, signed by not less than 3 percent of the holders of title or evidence of title to lands within the district who…
- § 75901 Upon the adoption of the resolution pursuant to Section 75900, the board shall order that an election be held within the district to determine whether the…
- § 75902 Before calling the election, the board may require an undertaking from the petitioners for the inclusion of the land, conditioned that the petitioners or the…
- § 75903 Notice of the election shall be given and published, the election shall be held and conducted, the returns thereof shall be made and canvassed, and the result…
- § 75904 The notice of election shall describe the proposed change of the boundaries in such manner and terms that it can readily be traced.
- § 75905 The ballots cast at the election shall contain the words “For change of boundaries,” or “Against change of boundaries,” or words equivalent thereto.
- § 75906 If a majority of all the votes cast at the election are against change of the boundaries of the district, the board shall order that the petition for inclusion…
- § 75907 If a majority of the votes cast at the election are in favor of the change of the boundaries of the district, the board shall order that the boundaries be…
ARTICLE 5. Recordation of Order and Petition and Filing of Certificate §§ 75920–75922 · 3 sections
- § 75920 A copy of the order of the board ordering the change of the boundaries of the district, certified by the president and secretary, shall be filed for record in…
- § 75921 Upon the filing of the copies of the order pursuant to Section 75920, the secretary shall record the petition for inclusion of lands in the minutes of the…
- § 75922 Upon a change of the boundaries of a district being made pursuant to this chapter, the board shall file a certificate with the Secretary of State listing: (a)…
ARTICLE 6. Alternate Procedure §§ 75925–75939 · 15 sections
- § 75925 The following annexation procedures may be used for annexation of land to any water conservation district as an alternative to the procedures set forth in…
- § 75926 A petition which may consist of any number of separate instruments, shall be filed with the secretary of the district, signed by 20 percent or 500 electors…
- § 75927 The text of such petition and a notice stating the time of the meeting at which the same will be presented shall be published in the affected county pursuant…
- § 75928 Within 10 days of the date of filing of such petition the secretary of the district shall examine the same and ascertain whether or not such petition is signed…
- § 75929 When the secretary of the district has completed his examination of the petition, he shall attach to the same his certificate, properly dated, showing the…
- § 75930 The secretary of the district shall, within 10 days after the filing of such supplemental petition or petitions, make like examination of the same and certify…
- § 75931 If any supplemental petition be filed, all the signatures appended to the petition or to the supplemental petition or petitions shall be considered in…
- § 75932 After an election for the annexation of such area to the district the sufficiency of such petition in any respect shall not be subject to judicial review or be…
- § 75933 Such petition may be granted by ordinance of the board of such district after hearing thereon held at the time the petition is presented to the board as…
- § 75934 If such petition is granted, the proposition of such annexation subject to the terms and conditions so fixed, shall be submitted to the vote of the voters in…
- § 75935 Notice of such election shall be published in the affected county pursuant to Section 6063 of the Government Code. Publication shall be complete at least 7,…
- § 75936 The measure so submitted at such election shall be stated on the ballot substantially as follows: “Shall ____ (giving the name or other designation of the…
- § 75937 The board shall canvass the votes cast at such election and, if such proposition is approved by a majority of the voters voting thereon at such election, the…
- § 75938 Upon receipt of such certificate, the Secretary of State shall, within 10 days, issue his certificate reciting the passage of said ordinance and the addition…
- § 75939 From and after the date of such certificate, the area or areas named therein shall be deemed added to, and shall form a part of, said district, and the taxable…
CHAPTER 3. Annexation of Districts §§ 75940–76010 · 17 sections
ARTICLE 1. Definitions § 75940 · 1 section
- § 75940 As used in this chapter: (a) “Petitioning district” means a water conservation district which proposes to petition or which has petitioned another water…
ARTICLE 2. Procedure in Petitioning District §§ 75950–75954 · 5 sections
- § 75950 Proceedings by the petitioning district are initiated: (a) When the board of the district determines that it would be for the best interests of the district to…
- § 75951 A proposed annexation petition shall contain: (a) A request addressed to the annexing district, petitioning the annexing district to annex the petitioning…
- § 75952 Within 30 days after annexation proceedings have been initiated, the board of the petitioning district shall call and provide for the holding of a special…
- § 75953 The manner of holding and conducting the election, the selection of officers to conduct it, the designation of precincts and polling places, the preparation,…
- § 75954 Upon the canvassing of the votes cast in the election, if it appears that a majority of all votes cast are in favor of the annexation petition, the board of…
ARTICLE 3. Procedure in Annexing District §§ 75970–75975 · 6 sections
- § 75970 Within 30 days after the receipt of an annexation petition from a petitioning district, the board of the annexing district shall, if it favors the annexation,…
- § 75971 If, on the date set by the board for the final action on the annexation petition, there is presented to the board of the annexing district written protests…
- § 75972 If the question of annexation is submitted to the electors of the annexing district, the election shall be held in the same manner as provided in this chapter…
- § 75973 If a majority of all votes cast at the election are against the proposed annexation, the annexation petition shall be denied. If a majority of all votes cast…
- § 75974 The order annexing the petitioning district shall describe the boundaries of the land to be annexed to the annexing district, and if such land adjoins any…
- § 75975 Upon the annexation of a district as provided in this chapter, the annexation order and the annexation petition shall be recorded.
ARTICLE 4. Conditions to Annexation §§ 75990–75991 · 2 sections
- § 75990 As a condition to annexation, the petitioning district and the annexing district may agree to any financial adjustments and may provide for the payment by the…
- § 75991 Bonds of the petitioning district may be voted upon and issued in the manner provided for the incurring of bonded indebtedness of the district and may…
ARTICLE 5. Effect of Annexation Upon Petitioning District §§ 76000–76001 · 2 sections
- § 76000 Upon the adoption of an order of annexation, the petitioning district shall be deemed dissolved, except that if there is any outstanding indebtedness of the…
- § 76001 Upon receipt of the estimates furnished pursuant to Section 76000, the board or boards of supervisors shall levy an assessment on the lands comprising the…
ARTICLE 6. Filing of Certificate § 76010 · 1 section
- § 76010 Upon the annexation of the petitioning district to the annexing district, the board of the annexing district shall file with the Secretary of State a…
CHAPTER 4. Consolidation § 76020 · 1 section
- § 76020 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 5. Dissolution §§ 76030–76061 · 11 sections
ARTICLE 1. Petition and Hearing §§ 76030–76032 · 3 sections
- § 76030 A district may be dissolved by the board of supervisors of the principal county in the manner provided in this chapter.
- § 76031 Upon receiving a petition signed by 10 percent of the electors of the district, or by the owners of one-half of the lands comprising the district, requesting…
- § 76032 At the time appointed for the hearing, or at any time to which the hearing may be adjourned, the board of supervisors shall hear and pass upon the petition,…
ARTICLE 2. Election §§ 76040–76042 · 3 sections
- § 76040 If the petition for dissolution is granted, the board of supervisors shall, by resolution, provide for and order the holding of a special election in the…
- § 76041 The resolution calling the election shall recite the filing of the petition for dissolution and the approval thereof by the board of supervisors, and shall fix…
- § 76042 The election shall be noticed and conducted, and the returns of the election made and canvassed, in the same manner as is provided for the formation election.…
ARTICLE 3. Order of Dissolution and Filing of Certificate §§ 76050–76052 · 3 sections
- § 76050 If votes representing 60 percent of the total number of votes cast are cast in favor of the dissolution of the district, the board of supervisors shall enter…
- § 76051 If there is any outstanding indebtedness of the district, at the time of the dissolution thereof, the board of supervisors shall levy assessments for the…
- § 76052 Upon dissolution of a district, the clerk of the board of supervisors shall file a certificate with the Secretary of State listing: (a) The name of the…
ARTICLE 4. Vesting of Property Upon Dissolution §§ 76060–76061 · 2 sections
- § 76060 Upon the dissolution of a district, any and all real property belonging to the district shall become and be the property of the county in which the real…
- § 76061 The personal property belonging to a district upon its dissolution shall be sold by the board of supervisors of the principal county, and the proceeds from…
PART 11. REPEALS §§ 76500–76501 · 2 sections