ARTICLE 1. Formation of Maintenance Areas

Article 1 added by Stats. 1957, Ch. 1800.

§§ 12878–12878.21 · 22 sections

§ 12878 Unless the context otherwise requires, the following definitions apply throughout this chapter: (a) “Department” means Department of Water Resources. (b)…
§ 12878.1 (a) If the department determines that a unit of a project is not being operated or maintained in accordance with the standards established by federal…
§ 12878.2 The statement shall include a description of the unit and the name of the local agency, if any, responsible for its operation and maintenance and such…
§ 12878.3 Any such statement shall not be admissible as evidence in any court action brought against the local agency, its governing body or any member thereof or the…
§ 12878.4 If the local agency, within 45 days after the date of receipt of the said statement of the department, files a protest thereto with the board or department…
§ 12878.5 If no protest is received by the board or department pursuant to the provisions of the preceding section, the board or department shall adopt and establish the…
§ 12878.6 If, within 30 days after conclusion of the hearing held pursuant to Section 12878.4 of this code, the governing body of the local agency has not given…
§ 12878.7 The board or department shall prepare a description of the proposed boundaries together with a map thereof for each maintenance area to be formed. For the…
§ 12878.8 Any maintenance area may be divided into zones when it is determined by the investigation that the benefit to the land in the area is not uniform throughout…
§ 12878.9 If a maintenance area is divided into zones, the zones shall be given a numerical designation starting with Zone 1 which shall be the zone which receives the…
§ 12878.10 Upon completion of the said description and map, the board or department shall schedule a hearing to be held either at some convenient place within the…
§ 12878.11 Notice of the hearing shall be given by publication in at least one newspaper of general circulation within the proposed boundaries of the maintenance area for…
§ 12878.12 The notice shall state the time and place of hearing, that the purpose of the hearing is to establish the boundaries of the maintenance area benefited by the…
§ 12878.13 At the hearing any owner of land within the proposed boundaries of the maintenance area or other interested person may offer, and the board or department shall…
§ 12878.14 Land lying without the exterior boundaries of the proposed maintenance area as shown on the map prepared by the board or department shall not be included…
§ 12878.15 When any such additional land is proposed to be included and the owner’s consent is not given, the hearing shall be adjourned to a specified time and place.
§ 12878.16 Notice of such adjourned hearing, where additional land is to be included, and the purpose thereof shall be given by publication of notice at least once a week…
§ 12878.17 Upon the final conclusion of such hearing the board or department shall establish the boundaries of the maintenance area and of the zones therein and the…
§ 12878.18 Land benefited by more than one unit may be included within as many maintenance areas as there are units by which it is benefited.
§ 12878.19 The establishment of a maintenance area pursuant to this chapter shall be evidenced by an order or resolution of the board or director creating such area. The…
§ 12878.20 The order or resolution determining and establishing the boundaries thereof shall be filed for record in the office of the county recorder of each county…
§ 12878.21 Upon the formation of a maintenance area, the department shall thereafter operate and maintain the unit until such time as the maintenance area may be…