PART 2. FORMATION [34150. - 34583.]
Part 2 added by Stats. 1951, Ch. 390.
§§ 34150–34583 · 50 sections
CHAPTER 1. Petition for Formation §§ 34150–34182 · 15 sections
ARTICLE 1. Petitions and Presentation of Petition §§ 34150–34157 · 8 sections
- § 34150 Unless otherwise stated, in this part “board” means the board of supervisors of the principal county.
- § 34151 As used in this part, “petition” means a petition for the formation of a district.
- § 34152 As used in this part, “election” means an election on the proposition of the formation of a district.
- § 34153 The holders of title to a majority in area of land which is capable of using water beneficially for irrigation, domestic, industrial or municipal purposes and…
- § 34154 The petition shall be presented to the board of the principal county.
- § 34155 The petition shall be presented at a regular meeting of the board.
- § 34156 The records of the United States land office for the district in which the land is located, the records of the State Lands Commission, and the records in the…
- § 34157 The proposed district may include land situated in other distinctive district agencies of the State, including other water districts organized under the…
ARTICLE 2. Petition §§ 34165–34168 · 4 sections
- § 34165 A petition shall contain: (a) The name of the proposed district, which name shall contain the words “Water District.” (b) A description of the proposed…
- § 34166 (a) If a consolidation of the offices of assessor and tax collector is deemed advisable in the formation of a district, the petitioners may request the…
- § 34167 The petition shall be accompanied by an undertaking, to be approved by the board, in a sum not less than one thousand dollars ($1,000), conditioned that the…
- § 34168 Upon the approval by the board of the undertaking or of any additional undertaking which it may require, the board shall fix a time for the hearing of the…
ARTICLE 3. Publication §§ 34180–34182 · 3 sections
- § 34180 The clerk of the board shall cause a notice to be published at least once a week for three successive weeks in a newspaper of general circulation published in…
- § 34181 The first publication of the notice shall be at least 21 days before the day set for the hearing. If at the hearing it appears that the notice is defective in…
- § 34182 No clerical error in the published text of the petition and no error or omission in the publication of the names attached to the petition invalidates any…
CHAPTER 2. Hearing and Order §§ 34300–34308 · 10 sections
- § 34300 During or prior to the hearing of the petition: (a) Any holder of title to land may request the exclusion of any part of his land from the proposed district.…
- § 34301 At the hearing the board shall hear all relevant evidence in support of or in opposition to the petition, or in support of or in opposition to requests for…
- § 34302 The hearing may be continued by the board from time to time but shall not be continued after 30 days from the time originally fixed for the hearing, except…
- § 34302.5 Following such hearing, the board may terminate the proceeding if it finds that there is good cause for not forming the district. If proceedings are not…
- § 34303 At the hearing the board shall fix the boundaries of the proposed district if it is shown to the board that the petition conforms to the requirements of this…
- § 34304 The board shall exclude any land which it finds will not be benefited by the water service of the proposed district.
- § 34305 Upon application of the owner the board may include in the proposed district any land which is susceptible of water service from any source proposed in the…
- § 34306 After the board has determined the land to be included within the proposed district, it shall make an order doing all of the following: (a) Establishing and…
- § 34307 The order shall be entered in full upon the minutes of the board.
- § 34308 A finding of the board in favor of the genuineness and sufficiency of the petition and notice is conclusive against all persons except the State in a quo…
CHAPTER 3. Election on Formation §§ 34400–34425 · 14 sections
ARTICLE 1. Calling the Election §§ 34400–34403 · 8 sections
- § 34400 After making and entering the order establishing and describing the boundaries of, and naming, the proposed district, the board shall forthwith call and give…
- § 34401 The notice of the election shall contain: (a) Date and hours of election. (b) Place of polls. (c) Description of the boundaries of the proposed district. (d)…
- § 34402 Notice of the election shall be published once a week for at least three weeks previous to the election in a newspaper of general circulation published in each…
- § 34402.1 Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail,…
- § 34402.2 The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled…
- § 34402.3 If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time…
- § 34402.4 The officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and…
- § 34403 The board shall at the time of calling the formation election for the proposed district, prescribe the procedure for nominating candidates for the offices to…
ARTICLE 2. Conduct of Election §§ 34420–34425 · 6 sections
- § 34420 The board shall designate the polling place for the election and appoint from the persons eligible to the office of district director a board of election. The…
- § 34421 For the convenience of voters the board may divide the proposed district into election precincts and establish the boundaries of the precincts. In such case…
- § 34422 At the election the last equalized assessment roll of each affected county shall be used in lieu of the district assessment book.
- § 34423 At the election the elective officers shall be elected but only one person shall be elected to fill the offices consolidated, if any.
- § 34424 The election shall be held and the result determined and declared as nearly as may be pursuant to Chapters 1 and 2 of Part 4 of this division and the Uniform…
- § 34425 The returns of the election shall be forwarded to the board which shall meet on the second Monday following the election and canvass the returns and declare…
CHAPTER 4. Establishment of District §§ 34500–34502 · 3 sections
- § 34500 If upon the canvass of the returns it appears that a majority of all the votes cast favor the formation of the district, the board shall by an order entered on…
- § 34501 The board shall immediately file for record in the office of the county recorder of each affected county a certified copy of the order declaring the district…
- § 34502 With the filing for record of the order declaring the district formed the formation of the district is complete.
CHAPTER 5. Validating Proceedings § 34530 · 1 section
- § 34530 An action to determine the legality of the existence of a district may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of…
CHAPTER 6. Change in Boundaries of Principal County §§ 34575–34577 · 3 sections
- § 34575 If at any time after the formation of a district the boundaries of the principal county are changed so as to exclude therefrom all of the land of the district…
- § 34576 All documents which have been recorded with the recorder of the principal county and which, or a certified copy thereof, have not been recorded in the county…
- § 34577 After the transfer of documents pursuant to this chapter, the board of supervisors of the county to which the district is transferred shall have and exercise…
CHAPTER 7. Madera Water District §§ 34580–34583 · 4 sections
- § 34580 The Madera Water District created pursuant to the Madera Water District Act (Chapter 735 of the Statutes of 1987) is hereby continued as a district under this…
- § 34581 (a) The first board of directors of the Madera Water District, as a district under this division, shall be appointed by the Board of Supervisors of the County…
- § 34582 The successors to three of the first directors of the Madera Water District, as a district under this division, chosen by lot, shall be elected at the general…
- § 34583 The Madera Water District, as a district under this division, succeeds to actions taken, rights acquired, and obligations undertaken by the Madera Water…