CHAPTER 2. Powers

Chapter 2 added by Stats. 1951, Ch. 390.

§§ 35400–35509 · 59 sections

1. ARTICLE 1. Powers Generally §§ 35400–35413 · 16 sections

   • § 35400 Each district has the power generally to perform all acts necessary or proper to carry out fully the provisions of this division.
   • § 35401 A district may acquire, plan, construct, maintain, improve, operate, and keep in repair the necessary works for the production, storage, transmission, and…
   • § 35402 A district shall not contract for the construction of irrigation works nor construct the irrigation works by employees of the district, if the cost of the…
   • § 35403 A district may contract to perform and perform any agreement for the transfer or delivery pursuant to Chapter 5 of this part of any irrigation system, canals,…
   • § 35404 A district may enter for the purposes of the district upon any land.
   • § 35405 A district may take conveyances, contracts, leases, or other assurances for property acquired by the district pursuant to this division.
   • § 35406 (a) A district may execute, by its president and secretary, all contracts and other documents necessary to carry out the powers and purposes of the district.…
   • § 35407 A district may commence and maintain any actions and proceedings to carry out its purposes or protect its interests and may defend any action or proceeding…
   • § 35408 A district may commence, maintain, intervene in, compromise and assume the costs of any action or proceeding involving or affecting the ownership or use of…
   • § 35409 A district may commence, maintain, intervene in, defend and compromise actions and proceedings to prevent interference with or diminution of the natural flow…
   • § 35410 The board of a district whose corporate area, in whole or in part, is included within a metropolitan water district may in any fiscal year declare its…
   • § 35410.1 In addition to and as an alternative procedure to the levy and collection of assessments and standby charges, a district may fix and collect acreage…
   • § 35410.2 If there is more than one tax code area for the levy of said metropolitan water district tax within a district, an improvement district may be formed in the…
   • § 35411 A district may disseminate information to the public concerning the rights, properties, and activities of the district.
   • § 35412 The Irish Beach Water District may acquire, construct, and operate facilities for providing fire protection to the district and its inhabitants, including…
   • § 35413 (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,…
2. ARTICLE 2. Water Distribution §§ 35420–35429 · 10 sections

   • § 35420 All water distributed for irrigation purposes, except as otherwise provided in this article, shall be apportioned ratably to each holder of title to land upon…
   • § 35421 Water sold to holders of title to land pursuant to Section 35470 shall be apportioned ratably to each holder of title to land making application therefor under…
   • § 35422 Where revenue bonds have been issued payable from revenues to be derived from the sale of water for the irrigation of land all water distributed for irrigation…
   • § 35422.5 As an alternative, and in addition, to other methods set forth in this article regarding the apportionment of water, a district may enter into long-term water…
   • § 35423 A district may establish, print, and distribute equitable rules and regulations for the sale and distribution of water. A district may provide therein that…
   • § 35424 After equitable rules and regulations for the distribution of water have been published once a week for two weeks in a newspaper of general circulation…
   • § 35425 If its board deems it to be for the best interests of the district, a district may enter into a contract for the lease, sale, or use of any surplus water not…
   • § 35427 Nothing in this article authorizes the sale of any water right.
   • § 35428 No right in any water or water right owned by the district shall be acquired by use permitted under this article.
   • § 35429 The board may grant to the owner or lessee of a right to the use of any water permission to store the water in any reservoir of the district or to carry it…
3. ARTICLE 3. Applications for Water §§ 35450–35455 · 7 sections

   • § 35450 A district may fix and change a date prior to which applications for water for the ensuing irrigation season are to be received for all crops, or for annual…
   • § 35451 The action of a district fixing or changing any date prior to which applications for water are to be received is ineffective until notice of the date is given…
   • § 35452 The cash deposit shall, in the discretion of the board, be forfeited as to each acre not using the water applied for if the district has a sufficient supply of…
   • § 35453 In the event of water shortage the district may, with respect to the shortage area, give preference to or serve only the land for which application was filed…
   • § 35454 If the available water is inadequate to serve all of the land as to which applications for water are filed pursuant to Section 35450, the district may require…
   • § 35454.5 In any year in which the board of a district not having meters or other volumetric measuring instruments or facilities to measure substantially all…
   • § 35455 Nothing in this article restricts or limits existing powers of a district to control and provide for distribution of water.
4. ARTICLE 4. Charges §§ 35470–35482 · 15 sections

   • § 35470 Any district formed on or after July 30, 1917, may, in lieu in whole or in part of raising money for district purposes by assessment, make water available to…
   • § 35470.1 If the procedures set forth in this article as it read at the time a standby charge was established were followed, the district may, by resolution, continue…
   • § 35470.5 The district may, by resolution, provide that a penalty not in excess of 10 percent shall be added to water, standby, facility, or other charges which are…
   • § 35471 Any funds derived pursuant to Section 35470 in excess of the amount necessary for operating or maintenance expenses and other lawful district purposes shall be…
   • § 35472 For the purpose of providing funds to pay revenue bonds and interest when due the board shall fix and collect charges for the sale of water.
   • § 35473 The charges to pay revenue bonds and interest thereon when due shall be fixed by the board before April 1st of each year.
   • § 35474 The charges to pay revenue bonds and interest thereon shall be fixed by the board upon a flat rate per acre or connection or on a metered basis or on a…
   • § 35475 The charges to pay revenue bonds and interest thereon may include a stand-by or carrying charge notwithstanding the water is not actually used, under such…
   • § 35476 The charges to pay revenue bonds and interest thereon may be made payable in advance before service of water is made to the land.
   • § 35477 The collection of charges to pay revenue bonds and interest thereon shall be continued each year until all revenue bonds, together with interest thereon, are…
   • § 35478 All revenue bond redemption and interest charges are a first lien on all revenues received from the sale of water unless the district, by a limitation clearly…
   • § 35479 The district may elect, if it is using the alternative provisions for levy, collection and enforcement of district assessments by the county as provided in…
   • § 35480 The county assessor and county auditor shall thereafter add to the tax bills for each assessee and assessee parcel as so certified, in addition to the other…
   • § 35481 The county tax collector and treasurer shall thereupon collect, receive and disburse to the district the standby charges as collected with the regular tax…
   • § 35482 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…
5. ARTICLE 5. Sewers §§ 35500–35509 · 11 sections

   • § 35500 A district may acquire, construct, operate, and furnish facilities and services, within or without the district, for the collection, treatment, and disposal of…
   • § 35501 The district may prescribe, revise, and collect rates or other charges for the services and facilities furnished pursuant to this article.
   • § 35502 The district may provide that such rates or other charges may be collected with the water rates of the district and that all rates shall be billed upon the…
   • § 35503 Upon providing a sewer system in any area of the district, the district may declare the further maintenance or use of cesspools, septic tanks, or other local…
   • § 35504 A district may not exercise any of the powers granted a district by this article unless the board first submits to the voters of the district at an election a…
   • § 35504.5 Notwithstanding the provisions of Section 35504, a district may exercise the powers granted a district by this article after a hearing by the board on the…
   • § 35505 If 75 percent or more of the territory of one or more county sanitation districts is located within the boundaries of a California water district situated in…
   • § 35506 In order to carry out the powers and purposes granted under this article a district may exercise or use any of the powers or procedures otherwise granted to a…
   • § 35507 The powers or procedures referred to in Section 35506 shall include, but shall not be limited to, the following: bonds pursuant to Chapter 2 (commencing with…
   • § 35508 The powers or procedures referred to in Section 35506 shall include all powers or procedures either necessary, useful or desirable to carry out the powers and…
   • § 35509 In the event that the boundaries of any district, which is authorized to exercise the powers granted by this article, are altered pursuant to the District…