PART 5. POWERS AND PURPOSES
Part 5 added by Stats. 1963, Ch. 156.
§§ 71590–71760 · 122 sections
CHAPTER 1. Powers Generally §§ 71590–71601 · 12 sections
- § 71590 A district may exercise the powers which are expressly granted by this division or are necessarily implied.
- § 71591 A district may: (a) Have perpetual succession. (b) Adopt a seal and alter it at pleasure.
- § 71592 A district may make contracts, employ labor, and do all acts necessary for the full exercise of its powers.
- § 71593 A district may provide by ordinance for the pensioning of officers or employees, for the terms and conditions under which such pensions shall be awarded, and…
- § 71594 A district may, in the ordinance providing for the pensioning of officers and employees, create a special fund for the purpose of paying such pensions and…
- § 71595 A district may contract with any insurance corporation, the State Employees’ Retirement System, or any other insurance carrier for the maintenance of a service…
- § 71596 A district may disseminate information concerning the rights, properties, and activities of the district. Such power shall not be construed as an exception to…
- § 71597 A district may by resolution of a four-fifths majority of its directors obtain membership in associations having for their purpose the furtherance of subjects…
- § 71598 A district may, by resolution of the board of directors spread on its minutes, change the name of the district. Certified copies of the resolution changing the…
- § 71599 If, on or after the effective date of this section, substantially all of a district water system is acquired by another public agency by any method other than…
- § 71600 Every person convicted of an infraction for a violation of any local ordinance or regulation adopted pursuant to this division shall be punished upon a first…
- § 71601 (a) In order to enforce the provisions of any ordinance of the district, including an ordinance fixing charges for the furnishing of commodities or services,…
CHAPTER 2. Water §§ 71610–71644 · 33 sections
ARTICLE 1. Development and Sale §§ 71610–71618 · 12 sections
- § 71610 (a) Except as provided in subdivision (b), a district may acquire, control, distribute, store, spread, sink, treat, purify, recycle, recapture, and salvage any…
- § 71610.5 A district may undertake a water conservation program to reduce water use and may require, as a condition of new service, that reasonable water-saving devices…
- § 71611 A district may sell water under its control, without preference, to cities, other public corporations and agencies, and persons, within the district for use…
- § 71611.5 (a) (1) Except as provided in paragraph (2), upon the request of an Indian tribe and the satisfaction of the conditions stated in subdivision (b), a district…
- § 71612 Whenever the board finds that there is a surplus of water above that which may be required by consumers within the district, the district may sell or otherwise…
- § 71612.5 Notwithstanding any other provision of law, the Marin Municipal Water District may sell water to any person, firm, public or private corporation, or public…
- § 71613 A district may supply and deliver water to property not subject to district taxes at special rates, terms, and conditions as are determined by the board for…
- § 71614 A district may fix the rates at which water shall be sold. Different rates may be established for different classes or conditions of service, but rates shall…
- § 71615 Any special water rate fixed in accordance with the terms and conditions of an annexation shall be deemed to be a rate for a different class or condition of…
- § 71616 A district, so far as practicable, shall fix such rates for water in the district, and in each improvement district therein, as will result in revenues which…
- § 71617 The rates for water in each improvement district may vary from the rates of the district and from other improvement districts therein.
- § 71618 No district furnishing water for residential use to a tenant shall seek to recover any charges or penalties for the furnishing of water to or for the tenant’s…
ARTICLE 2. Standby Charges §§ 71630–71637 · 11 sections
- § 71630 The district by ordinance may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix on or before the third…
- § 71631 The standby assessment or availability charge shall not exceed ten dollars ($10) per acre per year for each acre of land on which the charge is levied or ten…
- § 71631.5 Notwithstanding Section 71631, in any improvement district situated within the Eastern Municipal Water District, the Western Municipal Water District of…
- § 71631.6 Notwithstanding the provisions of Section 71631, in any improvement district situated within the Otay Municipal Water District in San Diego County, the standby…
- § 71631.7 (a) Notwithstanding Section 71631, for the San Luis Rey Municipal Water District, the standby assessment or availability charge shall not exceed thirty dollars…
- § 71632 The ordinance fixing a standby assessment or availability charge shall be adopted by the board pursuant to the notice, protest, and hearing procedures in…
- § 71633 The ordinance fixing a standby assessment or availability charge may establish schedules varying the charges according to land uses, water uses, and degree of…
- § 71634 On or before the third Monday in August, the board shall furnish in writing to the board of supervisors and the county auditor of each affected county a…
- § 71635 The board shall direct that, at the time and in the manner required by law for the levying of taxes for county purposes the board of supervisors shall levy, in…
- § 71636 All county officers charged with the duty of collecting taxes shall collect district standby charges with the regular tax payments to the county. Said charges…
- § 71637 Charges fixed by the district shall be a lien on all the property benefited thereby. Liens for said charges shall be of the same force and effect as other…
ARTICLE 2.5. Alternative Provisions for Standby Charges §§ 71638–71638.4 · 4 sections
- § 71638 If the procedures set forth in this article as it read at the time a standby charge was established were followed, the district or improvement district may, by…
- § 71638.1 For property within a district, a portion thereof, or an improvement district, which property was previously charged or assessed for such purposes, the…
- § 71638.2 The resolution fixing a standby assessment or availability charge may establish schedules varying the charges according to land uses, water uses, and degree of…
- § 71638.4 The levy and collection of such assessment or charge shall be made as provided in Sections 71634 through 71637, inclusive.
ARTICLE 2.7. Standby Assessments § 71639 · 1 section
- § 71639 (a) This article applies to the Three Valleys Municipal Water District. (b) Notwithstanding any other provision of law, the district, by resolution, may adopt…
ARTICLE 3. Water Shortages §§ 71640–71644 · 5 sections
- § 71640 A district may restrict the use of district water during any emergency caused by drought, or other threatened or existing water shortage, and may prohibit the…
- § 71641 A district may prescribe and define by ordinance the restrictions, prohibitions, and exclusions referred to in Section 71640. Such an ordinance is effective…
- § 71642 A finding by the board upon the existence, threat, or duration of an emergency or shortage, or upon the matter of necessity or of any other matter or condition…
- § 71643 The finding made by the board pursuant to Section 71642 shall be received in evidence in any civil or criminal proceeding in which it may be offered, and shall…
- § 71644 From and after the publication or posting of any ordinance pursuant to Section 71641, and until the ordinance has been repealed or the emergency or threatened…
CHAPTER 3. Other Functions §§ 71660–71689.27 · 47 sections
ARTICLE 1. Recreation and Electrical Power §§ 71660–71664 · 6 sections
- § 71660 A district may construct, maintain, improve, and operate public recreational facilities appurtenant to facilities operated or contracted to be operated by the…
- § 71661 In addition to the activities authorized by Section 71660, the Big Bear Municipal Water District may construct, maintain, improve, and operate public…
- § 71662 A district may utilize any part of its water, and any part of its works, facilities, improvements, and property used for the development, storage, and…
- § 71663 A district may (a) pursuant to contract, provide, sell, and deliver hydroelectric power to the United States of America or any board, department or agency…
- § 71663.5 (a) A district may provide, generate, and deliver electric power, and may construct, operate, and maintain any and all works, facilities, improvements, and…
- § 71664 The Marin Municipal Water District may construct, maintain, and operate one or more plants for the generation of power from wind or solar radiation, and the…
ARTICLE 2. Sewage, Waste, and Storm Water Disposal §§ 71670–71674 · 5 sections
- § 71670 A district may acquire, construct, and operate facilities for the collection, treatment, and disposal of sewage, waste, and storm water of the district and its…
- § 71670.5 A district may supply sewage and waste services to property not subject to district taxes at special rates, terms and conditions as are determined by the board…
- § 71671 The revenues from the rates and charges for services and facilities furnished pursuant to this article may be used for the following purposes: (a) To pay the…
- § 71672 The district may provide that the rates and charges for services and facilities furnished pursuant to this article may be collected with the water rates of the…
- § 71674 A district may fix, levy and collect a sewage and waste water service standby or availability charge in the same manner and under the same terms and conditions…
ARTICLE 3. Fire Protection § 71680 · 1 section
- § 71680 (a) A district may exercise any of the powers, functions, and duties which are vested in, or imposed upon, a fire protection district pursuant to the Fire…
ARTICLE 4. Water Replenishment Assessment §§ 71682–71689.9 · 27 sections
- § 71682 The provisions of this article apply only to districts in which the producers of a majority of the production of ground water within the boundaries of the…
- § 71682.1 For the purpose of replenishing the ground water supplies within such district and to provide such makeup water, a district may cause assessments to be levied…
- § 71683 As used in this article: “Include,” except when used in relation to the inclusion of land into a district, does not necessarily exclude matters not enumerated.…
- § 71684 Proceeds raised by the water replenishment assessments hereunder may only be used for the purchase of water for replenishment of the ground waters of the…
- § 71685 Not later than the second Tuesday in February each year the board shall order an engineering survey and report to be made regarding the ground water supplies…
- § 71686 On or before the second Tuesday in March of each year, and provided the survey and report called for by Section 71685 has been made, the board, by resolution,…
- § 71686.1 If the board, by resolution, determines that the funds needed to purchase replenishment or makeup water shall be raised by the levy of a replenishment…
- § 71686.2 The hearing shall be held before the board and a quorum shall be present. The hearing may be adjourned from time to time by the president or presiding officer…
- § 71686.3 The board may appoint a qualified registered engineer familiar with water problems as a hearing officer to conduct the hearing.
- § 71686.4 All evidence relevant to the engineering survey and report and the board’s determination that such a replenishment assessment shall be levied may be introduced.
- § 71687 Upon completing the hearing, but no later than the second Tuesday in May, the board shall, by resolution, find: (a) The annual overdraft for the preceding…
- § 71687.1 Based on such findings the board shall, by resolution, determine what portion, if any, of the estimated cost of purchasing water for replenishment and makeup…
- § 71687.2 If the board determines that a replenishment assessment should be levied upon the production of ground water from ground water supplies within the district…
- § 71688 The district, after the levying of the replenishment assessment, shall give notice thereof to the operators of all water-producing facilities in the district…
- § 71688.1 The operator of each water-producing facility within the district, on or before the last day of the month immediately following the respective quarterly…
- § 71688.2 Any replenishment assessment levied pursuant to this article shall be due and payable to the district by each producer in quarterly installments on the last…
- § 71688.3 The board shall authorize, and the district shall make, refunds in whole or in part of replenishment assessments theretofore paid, to any producer who has…
- § 71689 If any producer shall knowingly fail to pay a replenishment assessment within 30 days of when due, such producer shall become liable to the district for…
- § 71689.1 Should any operator of a water-producing facility knowingly fail to register his water-producing facility or knowingly fail to file the ground water production…
- § 71689.2 The board, at the time of fixing the replenishment assessment rate, may provide by resolution that any producer operating a water-producing facility having a…
- § 71689.3 (a) The superior court of the principal county may issue a temporary restraining order upon the filing by the district with the court of a verified petition or…
- § 71689.4 If the board shall have probable cause to believe that the production of ground water from any water-producing facility is in excess of that disclosed by the…
- § 71689.5 The district may bring a suit in the court having jurisdiction against any producer of ground water from the ground water supplies within the district for the…
- § 71689.6 It shall be unlawful to produce groundwater from any water-producing facility within any district from and after one year following the adoption of the…
- § 71689.7 Following a final adjudication of all or substantially all of the rights to extract ground water and a determination of the natural safe yield of the ground…
- § 71689.8 To the extent that the replenishment assessment after adjudication hereunder shifts from all producers to those who extract water in excess of their respective…
- § 71689.9 To the extent that ground water supplies are replenished under this article no person shall acquire any property or other right in the waters provided by the…
ARTICLE 5. Sanitation Service §§ 71689.20–71689.27 · 8 sections
- § 71689.20 A district may acquire, construct, and operate facilities for, or may contract with others for, the collection and disposal of the garbage, waste, and trash of…
- § 71689.21 The district may prescribe, revise, and collect rates or other charges for the services furnished pursuant to this article.
- § 71689.22 The district may provide that such rates or charges may be collected with the water or sewer rates, or both, of the district and that all rates shall be billed…
- § 71689.23 The district may determine whether sanitary service is necessary or feasible for all residents or properties within the district and shall thereupon make a…
- § 71689.24 The district shall determine the types of wastes to be excluded from service.
- § 71689.25 Any contract with other parties for the supplying of this service for the district shall be granted by public bid for such periods as the district determines…
- § 71689.26 A district may adopt ordinances relating to the provision of sanitation services and the regulation of such services. Every such ordinance shall be in full…
- § 71689.27 From and after the posting or publication of any ordinance as provided in Section 71689.26, it shall be a misdemeanor for any person to violate any ordinance…
CHAPTER 4. Property §§ 71690–71700 · 11 sections
- § 71690 A district may, within or without the district: (a) Take real and personal property of every kind by grant, purchase, gift, device, or lease. (b) Hold, use,…
- § 71691 A district may: (a) Acquire, or contract to acquire, waterworks or a waterworks system, waters, water rights, lands, rights, and privileges. (b) Construct,…
- § 71692 A district may lease from any person, or public corporation or agency, with the privilege of purchasing or otherwise, all or any part of water storage,…
- § 71693 A district may exercise the right of eminent domain to take any property necessary to supply the district or any portion thereof with water. The district, in…
- § 71694 A district may exercise the right of eminent domain to take any property necessary to carry out any powers of the district. The district, in exercising such…
- § 71695 A district may construct works along and across any stream of water, watercourse, street, avenue, highway, canal, ditch, or flume, or across any railway which…
- § 71696 Every company whose right-of-way is intersected or crossed by district works shall unite with the district in forming the intersections or crossings and grant…
- § 71697 (a) A district may locate, construct, and maintain district works along and across any street or public highway and on any lands that are now or hereafter…
- § 71698 Any use by the district of a public highway now or hereafter constituted a state highway shall be subject to the provisions of Chapter 3 (commencing with…
- § 71699 No publicly owned utility shall commence to provide any water service for, on, or to any land within a municipal water district which is subject to (1) the…
- § 71700 Any publicly owned utility which commences to provide any water service for, on, or to any land within a municipal water district which is providing service to…
CHAPTER 5. Contracts §§ 71720–71733 · 11 sections
ARTICLE 1. Contracts With Other Agencies §§ 71720–71726 · 7 sections
- § 71720 As used in this article: (a) “Public agency” means and includes the United States or any department or agency thereof, the State or any department or agency…
- § 71721 Contracts mentioned in this article include those made with the United States under the Federal Reclamation Act of June 17, 1902, and all acts amendatory…
- § 71722 A district may join with one or more public agencies, private corporations, or other persons for the purpose of carrying out any of the powers of the district,…
- § 71723 The contracts with other public agencies, private corporations, or persons may provide for contributions to be made by each party thereto, for the division and…
- § 71724 Any such contract with the United States or any department or agency thereof, or with any private corporation organized under the laws of the United States, by…
- § 71725 The exact final form of a proposed contract required to be approved by the voters of the district or an improvement district need not be available at the time…
- § 71726 Any proposed contract approved by the voters of the Rainbow Municipal Water District, as provided in this article, at a special election held prior to January…
ARTICLE 2. Central Basin Municipal Water District §§ 71730–71733 · 4 sections
- § 71730 (a) For the purposes of this article, “district” means the Central Basin Municipal Water District. (b) It is the intent of the Legislature in enacting this…
- § 71731 (a) The district shall not use sole source contracts unless one of the following conditions is met: (1) The contract is limited to an emergency circumstance.…
- § 71732 The district shall rebid a contract if the district significantly changes the scope of work of the contract. Significant changes include, but are not limited…
- § 71733 The general manager of the district shall submit a quarterly report to the district’s board detailing all of the district’s contracts, contract amendments, and…
CHAPTER 6. Controversies §§ 71750–71760 · 8 sections
- § 71750 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…
- § 71751 A district may commence, maintain, intervene in, and compromise, in the name of the district, any action or proceeding involving or affecting the ownership or…
- § 71752 An action to determine the validity of any contract authorized by Article 1 (commencing with Section 71720) of Chapter 5 of this part and any bonds, notes or…
- § 71753 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…
- § 71757 To carry out the purposes of this division, a district shall have the power to commence, maintain, intervene in, defend and compromise, in the name of the…
- § 71758 The district may employ counsel to defend any action brought against it or against any of its officers, agents or employees on account of any claimed action or…
- § 71759 If any officer, agent or employee of the district is held liable for any act or omission in his official capacity, except in case of actual fraud or actual…
- § 71760 (a) (1) The Elsinore Valley Municipal Water District and the Eastern Municipal Water District shall not be held liable for claims by past or existing County…