PART 2. FORMATION [74030. - 74136.]

Part 2 added by Stats. 1965, Ch. 75.

§§ 74030–74136 · 45 sections

1. 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.
2. 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…
3. 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…
4. 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…
5. 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…
6. 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.