Water Code
Part 19 of 51 · provisions 3,601–3,800
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Local custom is only one factor in judging the reasonableness of a water use, method of use, or diversion; it cannot by itself decide the issue. This section says the coordinated state water conservation, development, and utilization plan is called the “State Water Plan.” The American River Development is included in the State Water Plan. The State may not issue a water appropriation permit for a project that would flood any part of Gold Discovery Site State Park at Coloma unless the issuance is specifically authorized by law. This section gives the Georgetown Divide Public Utility District rights to pursue a federal permit and license, limits water-rights filings and permits for certain South Fork of the American River projects for set periods, and requires some applicants to evaluate alternatives or replace lost uses.
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- 26601.1. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 1. General Provisions [26600 - 26606] ( Article 1 added by Stats. 1957, Ch. 1938. )
The Madera Irrigation District board may adopt a resolution to replace the district assessor or collector with county administration, and the resolution must state key details about assessment, collection, and who receives land sold for unpaid assessments.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 1. General Provisions [26600 - 26606] ( Article 1 added by Stats. 1957, Ch. 1938. ) ## 26601.1. (a) At its option, the board of directors of the Madera Irrigation District may adopt a resolution declaring its intention to dispense with either the office of the assessor or the office of the collector of the district. Such resolution shall specify either or both of the following: (1) The county assessor is to assess all lands in the district in accordance with Section 401 of the Revenue and Taxation Code as of 12:01 a.m. on the first day of March of that year, and the assessor is to deliver a roll of all such assessments to the clerk of the district. (2) The county collector is to collect the district’s annual assessment levy in the manner prescribed in Article 3 (commencing with Section 26650) of this chapter. (b) Such resolution shall specify whether, under the proposed procedure, lands subject to sale for unpaid assessments shall be sold to the district or sold to the state. (Added by Stats. 1976, Ch. 944.) - 26602. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 1. General Provisions [26600 - 26606] ( Article 1 added by Stats. 1957, Ch. 1938. )
Certified copies of the resolution must be served on specified county officials and filed with the State Board of Equalization.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 1. General Provisions [26600 - 26606] ( Article 1 added by Stats. 1957, Ch. 1938. ) ## 26602. Certified copies of such resolution shall be served on the clerk of the board of supervisors and on the auditor, assessor and collector of the county or counties in which the lands within the district are located and shall be filed with the State Board of Equalization. (Amended by Stats. 1969, Ch. 63.) - 26603. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 1. General Provisions [26600 - 26606] ( Article 1 added by Stats. 1957, Ch. 1938. )
The board of supervisors must adopt a resolution within 30 days after receiving the district’s resolution, and if the board of directors accepts the county’s terms, it must adopt an acceptance resolution that also shifts assessor/collector duties and states how unpaid-assessment lands will be handled.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 1. General Provisions [26600 - 26606] ( Article 1 added by Stats. 1957, Ch. 1938. ) ## 26603. Within 30 days of the receipt of such resolution, the board of supervisors shall adopt a resolution advising the district of the charges to be made for the services to be performed by the county. If the board of directors elects to accept the terms offered by the county, it shall adopt a resolution reciting its acceptance, dispensing with the office of district assessor or with both the offices of district assessor and district collector, and transferring their duties to the assessor or to the assessor and tax collector of the county or counties in which the lands within the district are located. Such resolution shall specify whether, under the agreed upon procedure, lands subject to sale for unpaid assessments shall be sold to the district or be declared tax-defaulted for the nonpayment of those assessments. (Amended by Stats. 1986, Ch. 1420, Sec. 28.) - 26604. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 1. General Provisions [26600 - 26606] ( Article 1 added by Stats. 1957, Ch. 1938. )
A district’s acceptance of the county’s terms by board resolution creates a contract that takes effect on the last Friday of December after adoption and lasts four years.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 1. General Provisions [26600 - 26606] ( Article 1 added by Stats. 1957, Ch. 1938. ) ## 26604. The acceptance of the county’s terms by the district as evidenced by the board’s resolution shall constitute a contract between the county and the district which shall become effective on the last Friday of December next following its adoption and which shall continue for a term of four years from its effective date. The contract shall be automatically renewed for successive four-year terms unless terminated by either the district or the county by the adoption of a resolution and its service on either the clerk of the board of supervisors by the district, or on the secretary of the district by the county, at least 90 days prior to the expiration of the then current term of the contract. (Amended by Stats. 1965, Ch. 2019.) - 26604.5. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 1. General Provisions [26600 - 26606] ( Article 1 added by Stats. 1957, Ch. 1938. )
The district must comply with specified Government Code provisions, and its statement and map or plat must show boundaries for any district area with a different tax rate.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 1. General Provisions [26600 - 26606] ( Article 1 added by Stats. 1957, Ch. 1938. ) ## 26604.5. The district shall comply with the provisions of Chapter 8 (commencing with Section 54900) of Part 1, Division 2, Title 5 of the Government Code. The statement and map or plat shall also set forth the boundaries of any portion of the district in which a rate of taxation is to be levied which is different from the rate to be levied in any other portion of the district. (Amended by Stats. 1970, Ch. 955.) - 26604.6. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 1. General Provisions [26600 - 26606] ( Article 1 added by Stats. 1957, Ch. 1938. )
The board of supervisors may require a contract term making district officers keep handling assessment collection and related enforcement duties after the contract starts.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 1. General Provisions [26600 - 26606] ( Article 1 added by Stats. 1957, Ch. 1938. ) ## 26604.6. The board of supervisors may require in the contract that upon the effective date of the contract, the district officers shall continue to perform all the duties relative to the collection of district assessments, including delinquent assessments, levied prior to the effective date of the contract, the enforcement of their payment, and the sale of property for nonpayment and redemption from sale pursuant to the laws in force in the district at such effective date. (Added by Stats. 1970, Ch. 955.) - 26605. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 1. General Provisions [26600 - 26606] ( Article 1 added by Stats. 1957, Ch. 1938. )
When the contract ends, the district board must appoint an assessor, or an assessor and collector, to serve until a successor is elected at the next general district election.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 1. General Provisions [26600 - 26606] ( Article 1 added by Stats. 1957, Ch. 1938. ) ## 26605. Upon termination of the contract, the board of directors of the district shall appoint an assessor, or both an assessor and collector, who shall serve until the election of their successor at the next general district election. (Added by Stats. 1957, Ch. 1938.) - 26606. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 1. General Provisions [26600 - 26606] ( Article 1 added by Stats. 1957, Ch. 1938. )
After the contract ends, county officers must keep collecting district assessments and handle redemption or deeding of delinquent property until the assessments are collected or the property is redeemed or tax-defaulted.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 1. General Provisions [26600 - 26606] ( Article 1 added by Stats. 1957, Ch. 1938. ) ## 26606. After termination of the contract, the county officers shall continue with the collection of district assessments on the county rolls and with the redemption or deeding of property subject to delinquent district assessments on county rolls until all such assessments have been collected or all such property has been either redeemed or tax-defaulted for unpaid assessments. (Amended by Stats. 1986, Ch. 1420, Sec. 29.) - 26625. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 2. Assessment and Equalization [26625 - 26631] ( Article 2 added by Stats. 1957, Ch. 1938. )
County assessment rolls, as assessed and equalized or corrected, are the basis for levying district assessments unless a pre-November 8, 1967 resolution or written agreement with a landowner provides a different basis.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 2. Assessment and Equalization [26625 - 26631] ( Article 2 added by Stats. 1957, Ch. 1938. ) ## 26625. The applicable part of the county assessment rolls as made by the county assessor and equalized or corrected by the board of supervisors or the State Board of Equalization shall be the basis for levying the district’s assessments; provided, that in any case where the board of directors of a district has, prior to November 8, 1967, adopted a formal resolution or entered into a written agreement with an owner of land within the district providing a different basis for levying the district’s assessments against the land of such owner, such resolution or agreement shall be the basis for levying the district’s assessments. (Amended by Stats. 1972, Ch. 618.) - 26625.1. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 2. Assessment and Equalization [26625 - 26631] ( Article 2 added by Stats. 1957, Ch. 1938. )
On request by the Madera Irrigation District, the county assessor must also assess certain parcels, and the district must reimburse the county for any extra cost.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 2. Assessment and Equalization [26625 - 26631] ( Article 2 added by Stats. 1957, Ch. 1938. ) ## 26625.1. If in the Madera Irrigation District, the county assessment roll reflects assessed value based on the California Land Conservation Act of 1965 (Williamson Act), (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code) for any parcel, then, upon the request of the Madera Irrigation District, such parcel shall also be assessed by the county assessor pursuant to Section 401 of the Revenue and Taxation Code. The assessed value for such parcel thus determined shall be entered on a supplemental assessment roll for district assessment purposes only and shall be used by the assessor for district assessments. The Madera Irrigation District shall reimburse the county for any increased cost incurred in making such additional assessment. (Added by Stats. 1976, Ch. 944.) - 26626. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 2. Assessment and Equalization [26625 - 26631] ( Article 2 added by Stats. 1957, Ch. 1938. )
Each year, the district’s board of directors must file with the county auditor a description of district boundaries for any area where the assessment rate differs from other areas.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 2. Assessment and Equalization [26625 - 26631] ( Article 2 added by Stats. 1957, Ch. 1938. ) ## 26626. On or before the first Monday of March of each year, the board of directors of the district shall cause to be filed with the county auditor a description of the exterior boundaries of any portion of the district in which a rate of assessment is to be levied which is different from the rate to be levied in any other portion of the district. (Added by Stats. 1957, Ch. 1938.) - 26627. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 2. Assessment and Equalization [26625 - 26631] ( Article 2 added by Stats. 1957, Ch. 1938. )
Each year, by the third Monday in August, the county auditor must send the district directors a written statement of assessed land values.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 2. Assessment and Equalization [26625 - 26631] ( Article 2 added by Stats. 1957, Ch. 1938. ) ## 26627. Annually, on or before the third Monday in August, the county auditor shall transmit to the directors of the district a written statement showing separately the total value of all lands within the district subject to assessment and the total value of all such lands in any portion of the district within which a different rate of assessment is to be levied. The values so reported shall be those obtained from the assessment books of the county as last equalized and corrected together with an estimate of the values of the lands within the district subject to assessment by the State Board of Equalization. (Added by Stats. 1957, Ch. 1938.) - 26628. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 2. Assessment and Equalization [26625 - 26631] ( Article 2 added by Stats. 1957, Ch. 1938. )
If the district has not shifted collector duties to the county tax collector, the county assessor must give the district duplicate assessment-roll materials and a duplicate statement of assessed land values.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 2. Assessment and Equalization [26625 - 26631] ( Article 2 added by Stats. 1957, Ch. 1938. ) ## 26628. Where the district has not elected to transfer the duties of collector to the county tax collector, the county assessor shall furnish the district a duplicate of the applicable portions of the county’s assessment rolls at the time of transmittal of the statement of values required by Section 26627 and, upon receipt, a duplicate statement of the assessed values of all lands within the district subject to assessment by the State Board of Equalization. The rolls and statement so delivered shall for all purposes become the assessment rolls of the district. (Added by Stats. 1957, Ch. 1938.) - 26629. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 2. Assessment and Equalization [26625 - 26631] ( Article 2 added by Stats. 1957, Ch. 1938. )
Within 15 days after receiving the statement of values and duplicate rolls, the district’s board of directors must levy an annual assessment on land in the district.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 2. Assessment and Equalization [26625 - 26631] ( Article 2 added by Stats. 1957, Ch. 1938. ) ## 26629. Within 15 days after receipt of the statement of values and duplicate rolls, the district’s board of directors shall levy an annual assessment upon the land within the district in the same manner as provided in Chapters 2 and 3 of this part. (Added by Stats. 1957, Ch. 1938.) - 26630. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 2. Assessment and Equalization [26625 - 26631] ( Article 2 added by Stats. 1957, Ch. 1938. )
If the district has not transferred collector duties to the county tax collector, the secretary must calculate the annual district assessment amounts, enter them in the assessment roll, and deliver the completed roll to the collector before November 1.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 2. Assessment and Equalization [26625 - 26631] ( Article 2 added by Stats. 1957, Ch. 1938. ) ## 26630. Where the district has not elected to transfer the duties of collector to the county tax collector, the secretary shall compute and enter in a separate column of the assessment roll the respective sums to be paid as an annual district assessment on the land listed and deliver the completed assessment roll to the collector before the first day of November. (Added by Stats. 1957, Ch. 1938.) - 26631. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 2. Assessment and Equalization [26625 - 26631] ( Article 2 added by Stats. 1957, Ch. 1938. )
After receiving the roll from the secretary, the collector must collect the assessment under the procedures in Chapters 4, 5, and 6.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 2. Assessment and Equalization [26625 - 26631] ( Article 2 added by Stats. 1957, Ch. 1938. ) ## 26631. Upon receiving the roll from the secretary, the collector shall proceed with the collection of the assessment in accordance with the provisions of Chapters 4, 5, and 6 of this part, and such provisions shall apply to all proceedings for the enforcement of the collection of the assessment or the sale of the property as when property is assessed as provided in Chapters 2 and 3 of this part. (Added by Stats. 1957, Ch. 1938.) - 26650. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 3. Collection [26650 - 26658] ( Article 3 added by Stats. 1957, Ch. 1938. )
If the district transfers collector duties to the county tax collector, the county auditor must give the directors a statement of assessed values.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 3. Collection [26650 - 26658] ( Article 3 added by Stats. 1957, Ch. 1938. ) ## 26650. Where the district has elected to transfer the duties of collector to the county tax collector, the delivery of duplicate assessment rolls shall not be required, but the county auditor shall furnish to the directors the statement of assessed values as provided in Section 26627. (Amended by Stats. 1959, Ch. 1480.) - 26651. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 3. Collection [26650 - 26658] ( Article 3 added by Stats. 1957, Ch. 1938. )
District directors must levy an annual assessment on lands in the district, set the assessment rate, and send the rate statement to the county auditor each year before September 1.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 3. Collection [26650 - 26658] ( Article 3 added by Stats. 1957, Ch. 1938. ) ## 26651. Annually before September 1st, the district’s directors shall levy an annual assessment upon the lands within the district for all district purposes in the manner provided in Chapter 2 of this part, and fix the rate of assessment as provided in Chapter 3, and shall thereupon transmit to the county auditor a statement of the rates fixed. The rate shall be sufficient to recover the expense of collection in addition to other amounts required by law. If different portions of the district require different rates of assessment the statement shall include the applicable rates for such portions. The rate shall be designated in the number of cents upon each one hundred dollars ($100), using as a basis the value of the land as assessed and equalized. The statement shall include the amount of any charges which may be added to the assessment pursuant to this division and a description of the property to which the charge applies as such property is described upon the county rolls. (Added by Stats. 1957, Ch. 1938.) - 26652. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 3. Collection [26650 - 26658] ( Article 3 added by Stats. 1957, Ch. 1938. )
The county auditor must compute and enter the district assessment in the assessment book for lands in the district, using the district board’s rates and the lands’ assessed value.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 3. Collection [26650 - 26658] ( Article 3 added by Stats. 1957, Ch. 1938. ) ## 26652. The county auditor shall compute and enter in the assessment book the district assessment on all lands assessed as being in the district using the rates fixed by the district’s board of directors and the assessed value of the lands in the assessment book at the time and in the manner he computes and enters county taxes. (Added by Stats. 1957, Ch. 1938.) - 26653. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 3. Collection [26650 - 26658] ( Article 3 added by Stats. 1957, Ch. 1938. )
The assessment must be collected like county taxes and paid into the county treasury; the net amount must then be paid to the district by warrant of the county auditor.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 3. Collection [26650 - 26658] ( Article 3 added by Stats. 1957, Ch. 1938. ) ## 26653. The assessment so levied shall be collected at the time and in the manner of county taxes and paid into the county treasury. The net amount of the taxes, after the deduction of the county’s compensation for the services of its treasurer, assessor and tax collector shall be paid to the district by warrant of the county auditor. (Added by Stats. 1957, Ch. 1938.) - 26654. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 3. Collection [26650 - 26658] ( Article 3 added by Stats. 1957, Ch. 1938. )
County compensation for assessing or collecting a district’s assessments must be set by agreement.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 3. Collection [26650 - 26658] ( Article 3 added by Stats. 1957, Ch. 1938. ) ## 26654. The compensation paid to the county for assessing or collecting assessments for a district shall be that fixed by agreement between the board of supervisors and the district’s board of directors. (Added by Stats. 1957, Ch. 1938.) - 26655. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 3. Collection [26650 - 26658] ( Article 3 added by Stats. 1957, Ch. 1938. )
Unpaid district assessments become delinquent when county taxes become delinquent, and the affected lands may be sold to the district or declared tax-defaulted.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 3. Collection [26650 - 26658] ( Article 3 added by Stats. 1957, Ch. 1938. ) ## 26655. Unpaid district assessments are delinquent on the same hour and day that county taxes are delinquent and the lands subject thereto shall either be sold to the district or be declared tax-defaulted in the manner, at the time, and upon the penalties of default of property for nonpayment of county taxes. (Amended by Stats. 1986, Ch. 1420, Sec. 30.) - 26656. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 3. Collection [26650 - 26658] ( Article 3 added by Stats. 1957, Ch. 1938. )
Land sold for delinquent district assessments may be redeemed within five years after the sale.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 3. Collection [26650 - 26658] ( Article 3 added by Stats. 1957, Ch. 1938. ) ## 26656. Lands sold for delinquent district assessments may be redeemed within five years from date of sale in the same manner as the redemption of property after sale for nonpayment of county taxes. (Amended by Stats. 1969, Ch. 1346.) - 26657. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 3. Collection [26650 - 26658] ( Article 3 added by Stats. 1957, Ch. 1938. )
The county auditor must apportion redemption money to the district as required by the referenced Revenue and Taxation Code provision.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 3. Collection [26650 - 26658] ( Article 3 added by Stats. 1957, Ch. 1938. ) ## 26657. The county auditor shall apportion to the district the money paid for redemption in the manner provided by Division 1, Part 8, Chapter 1(c) of the Revenue and Taxation Code. (Added by Stats. 1957, Ch. 1938.) - 26658. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 3. Collection [26650 - 26658] ( Article 3 added by Stats. 1957, Ch. 1938. )
After five years, unredeemed lands sold for delinquent district assessments must be deeded to the district, and certain tax-defaulted land becomes subject to the tax collector’s power of sale.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 8. Alternative Procedure for Assessment and Collection by County [26600 - 26658] ( Chapter 8 added by Stats. 1957, Ch. 1938. ) ## ARTICLE 3. Collection [26650 - 26658] ( Article 3 added by Stats. 1957, Ch. 1938. ) ## 26658. Lands sold to the district remaining unredeemed after five years have elapsed from the date of their sale for delinquent district assessments shall be deeded to the district by the county tax collector. The deed shall be substantially in the form provided for collector’s deeds by Section 26276 of the Water Code and shall have the same effect and be recorded in the same manner as irrigation district’s collector’s deeds under the provisions of Articles 4 and 5 of Chapter 6 of this part. Land which has been declared to be tax-defaulted remaining unredeemed after five years have elapsed from the date of the tax-default for delinquent district assessments shall become subject to the tax collector’s power of sale pursuant to Section 3691 of the Revenue and Taxation Code. (Amended by Stats. 1986, Ch. 1420, Sec. 31.) - 26670. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 9. Collection, Payment in Lieu of Assessment and Distribution of Water by Public Agencies [26670 - 26677] ( Chapter 9 added by Stats. 1965, Ch. 603. )
This chapter defines “public agency” as a city or district, other than an irrigation district, that is authorized to distribute water and lies partly or fully within an irrigation district’s exterior boundaries.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 9. Collection, Payment in Lieu of Assessment and Distribution of Water by Public Agencies [26670 - 26677] ( Chapter 9 added by Stats. 1965, Ch. 603. ) ## 26670. As used in this chapter, “public agency” means any city or district, other than an irrigation district, authorized to distribute water, which is in whole or in part included within the exterior boundaries of an irrigation district. (Added by Stats. 1965, Ch. 603.) - 26671. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 9. Collection, Payment in Lieu of Assessment and Distribution of Water by Public Agencies [26670 - 26677] ( Chapter 9 added by Stats. 1965, Ch. 603. )
This section lets a district contract with a public agency for water-related assessment collection, payments in lieu of assessments, and water distribution terms.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 9. Collection, Payment in Lieu of Assessment and Distribution of Water by Public Agencies [26670 - 26677] ( Chapter 9 added by Stats. 1965, Ch. 603. ) ## 26671. Any district may enter into a contract with any public agency which provides in effect as follows: 1. The public agency shall: a. Collect for the district assessments levied by the district against all or part of the lands within the district and shall collect such assessments and pay the amount thereof over to the district at such times and in the manner agreed upon between the district and the public agency; or, in the alternative, b. Pay to the district in lieu of assessments by the district upon all or any part of the lands within the district a sum of money which shall not be less than the total amount of assessments which would have been levied by the district against those lands in the absence of such contract calculated upon the same basis as assessments made upon an acreage basis against other land in the district receiving gravity water service. Such payment shall be made at such time and in the manner agreed upon between the district and the public agency. 2. If the contract provides for the payment of a water charge in addition to the assessment upon district lands, then in determining the sum of money which may be paid to the district in lieu of assessments by the district under paragraph b of subdivision 1, the district may determine that a lesser rate of assessment or no assessment would be appropriate upon lands covered by the contract and, if such determination is made, may so provide in the contract and adjust or eliminate the assessment. 3. The district shall make available to the public agency each year for distribution and use upon the lands within the district covered by the contract, such a quantity of water as may be agreed upon by the district and the public agency. 4. The owner of lands within the district covered by such a contract shall each year be entitled to receive and use from the water so made available by the district to the public agency, or from other water available to the public agency, an amount of water sufficient to supply his reasonable and beneficial needs, limited however to his proportionate share of such water made available by the district based upon the ratio which the number of acres owned by him bears to the total number of acres within the district receiving a surface supply of water from the district and the public agency. 5. The public agency may charge such rates as it may determine for the service of water to any lands covered by the contract unless such rates are limited by agreement between the district and the public agency. (Amended by Stats. 1978, Ch. 559.) - 26672. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 9. Collection, Payment in Lieu of Assessment and Distribution of Water by Public Agencies [26670 - 26677] ( Chapter 9 added by Stats. 1965, Ch. 603. )
Water supplied by a district to a public agency may be used on the lands covered by the contract for irrigation, municipal, domestic, or other agreed uses.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 9. Collection, Payment in Lieu of Assessment and Distribution of Water by Public Agencies [26670 - 26677] ( Chapter 9 added by Stats. 1965, Ch. 603. ) ## 26672. The water made available by the district to the public agency may be used upon the lands covered by such contract for such irrigation, municipal, domestic or other uses as the district and the public agency may agree upon. (Added by Stats. 1965, Ch. 603.) - 26673. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 9. Collection, Payment in Lieu of Assessment and Distribution of Water by Public Agencies [26670 - 26677] ( Chapter 9 added by Stats. 1965, Ch. 603. )
When the contract is executed and remains in force, the district is relieved from any further obligation to furnish water for use on the covered lands.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 9. Collection, Payment in Lieu of Assessment and Distribution of Water by Public Agencies [26670 - 26677] ( Chapter 9 added by Stats. 1965, Ch. 603. ) ## 26673. Upon the execution of such contract and so long as the contract remains in force and effect, the district shall be relieved of any further obligation to furnish water for use on the lands covered by the contract. (Added by Stats. 1965, Ch. 603.) - 26674. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 9. Collection, Payment in Lieu of Assessment and Distribution of Water by Public Agencies [26670 - 26677] ( Chapter 9 added by Stats. 1965, Ch. 603. )
This section says the chapter does not authorize the sale or transfer of any water right, and the agreement in Section 26671 is not to be treated as a sale or transfer of a water right.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 9. Collection, Payment in Lieu of Assessment and Distribution of Water by Public Agencies [26670 - 26677] ( Chapter 9 added by Stats. 1965, Ch. 603. ) ## 26674. Nothing in this chapter authorizes the sale or transfer of any water right nor shall the agreement authorized in Section 26671 be construed or deemed to constitute the sale or transfer of a water right. (Added by Stats. 1965, Ch. 603.) - 26675. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 9. Collection, Payment in Lieu of Assessment and Distribution of Water by Public Agencies [26670 - 26677] ( Chapter 9 added by Stats. 1965, Ch. 603. )
Use permitted by this chapter does not cause any water right owned by the district or a public agency to be acquired or lost.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 9. Collection, Payment in Lieu of Assessment and Distribution of Water by Public Agencies [26670 - 26677] ( Chapter 9 added by Stats. 1965, Ch. 603. ) ## 26675. No right in any water or water right owned by the district or the public agency shall be acquired or lost by the use permitted by this chapter. (Added by Stats. 1965, Ch. 603.) - 26676. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 9. Collection, Payment in Lieu of Assessment and Distribution of Water by Public Agencies [26670 - 26677] ( Chapter 9 added by Stats. 1965, Ch. 603. )
A district contract with a public agency may include whatever terms and conditions the two sides agree on, unless this section says otherwise.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 9. Collection, Payment in Lieu of Assessment and Distribution of Water by Public Agencies [26670 - 26677] ( Chapter 9 added by Stats. 1965, Ch. 603. ) ## 26676. Except as otherwise provided herein the contract between the district and the public agency may include such terms and conditions as may be agreed upon between the district and the public agency. (Added by Stats. 1965, Ch. 603.) - 26677. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 9. Collection, Payment in Lieu of Assessment and Distribution of Water by Public Agencies [26670 - 26677] ( Chapter 9 added by Stats. 1965, Ch. 603. )
This chapter overrides any other Water Code provisions that conflict with it.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 10. ASSESSMENTS [25500 - 26677] ( Part 10 added by Stats. 1943, Ch. 372. ) ## CHAPTER 9. Collection, Payment in Lieu of Assessment and Distribution of Water by Public Agencies [26670 - 26677] ( Chapter 9 added by Stats. 1965, Ch. 603. ) ## 26677. The provisions of this chapter shall supersede all provisions of this code inconsistent herewith. (Added by Stats. 1965, Ch. 603.) - 26875. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 11. CHANGES IN ORGANIZATION [26875- 26875.] ( Part 11 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Inclusion [26875- 26875.] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## ARTICLE 1. Petition and Notice [26875- 26875.] ( Article 1 added by Stats. 1943, Ch. 372. )
The board may exempt an included parcel from district assessments, in whole or in part, if the land cannot be served with water when it is included.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 11. CHANGES IN ORGANIZATION [26875- 26875.] ( Part 11 added by Stats. 1943, Ch. 372. ) ## CHAPTER 2. Inclusion [26875- 26875.] ( Chapter 2 added by Stats. 1943, Ch. 372. ) ## ARTICLE 1. Petition and Notice [26875- 26875.] ( Article 1 added by Stats. 1943, Ch. 372. ) ## 26875. Land which is not a part of the district, whether or not contiguous to it, may be included within the district. If such land is not capable of being served water at the time of inclusion, the board may exempt the included parcel from the imposition of district assessments, in whole or in part, until such time as a water supply is available for service to such land. (Amended by Stats. 1971, Ch. 817.) - 2700. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 8. Order of Determination [2700 - 2702] ( Article 8 enacted by Stats. 1943, Ch. 368. )
The board must, as soon as practicable, adopt an order determining and establishing the water rights for the stream system after objections are heard or the objection period ends with none filed.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 8. Order of Determination [2700 - 2702] ( Article 8 enacted by Stats. 1943, Ch. 368. ) ## 2700. As soon as practicable after the hearing of objections or the expiration of the time for filing objections if no objections are filed, the board shall adopt an order determining and establishing the several rights to the water of the stream system. (Amended by Stats. 1984, Ch. 1654, Sec. 2.) - 2701. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 8. Order of Determination [2700 - 2702] ( Article 8 enacted by Stats. 1943, Ch. 368. )
A notice of adoption of the order of determination and a copy of the order must be sent by registered mail to each claimant and each person whose rights are determined in the order.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 8. Order of Determination [2700 - 2702] ( Article 8 enacted by Stats. 1943, Ch. 368. ) ## 2701. A notice of adoption of the order of determination and a copy of the order shall be sent by registered mail to each claimant and to each person whose rights are determined in the order. (Amended by Stats. 1984, Ch. 1654, Sec. 3.) - 2702. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 8. Order of Determination [2700 - 2702] ( Article 8 enacted by Stats. 1943, Ch. 368. )
The board may reconsider all or part of an order of determination, and affected parties may petition for reconsideration within 30 days after the Section 2701 notice is sent.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 8. Order of Determination [2700 - 2702] ( Article 8 enacted by Stats. 1943, Ch. 368. ) ## 2702. (a) The board may order a reconsideration of all or part of an order of determination on the board’s own motion or on petition of any party affected by the order. The petition shall be filed within 30 days after the notice required by Section 2701 is sent. The authority of the board to order a reconsideration on its own motion shall expire 30 days after the board has adopted the order. The board shall order or deny reconsideration on a petition for reconsideration within 90 days after the notice required by Section 2701 is sent. (b) The order of determination may be reconsidered by the board on all the pertinent parts of the record and any arguments as may be permitted, or a further hearing may be held, upon notice to all affected parties, for the purpose of receiving additional evidence that the board may, for cause, allow. The order on reconsideration has the same force and effect as an original order. (Amended by Stats. 1990, Ch. 230, Sec. 2.) - 275. Verify source ↗
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2.5. Miscellaneous Powers of Department [205 - 347] ( Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## ARTICLE 3. Proceedings to Prevent Waste or Unreasonable Use [275- 275.] ( Article 3 enacted by Stats. 1943, Ch. 368. )
The department and board must take appropriate proceedings or actions before state agencies to prevent waste or unreasonable water use or diversion in the state.
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2.5. Miscellaneous Powers of Department [205 - 347] ( Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## ARTICLE 3. Proceedings to Prevent Waste or Unreasonable Use [275- 275.] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 275. The department and board shall take all appropriate proceedings or actions before executive, legislative, or judicial agencies to prevent waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion of water in this state. (Amended by Stats. 1971, Ch. 794.) - 2750. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
After certain water-rights orders, a certified copy of the order and the related evidence and transcript must be filed with the clerk of the superior court.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2750. As soon as practicable after adoption of the order of determination, issuance of an order on reconsideration, or issuance of an order denying reconsideration, whichever is later, a certified copy of the order, together with the original evidence and transcript of testimony filed with or taken before the board and certified by it, shall be filed with the clerk of the superior court of the county in which the stream system, or some part thereof, is situated. (Amended by Stats. 1984, Ch. 1654, Sec. 6.) - 2751. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
After the certified order of determination, evidence, and transcript are filed, the board must get a court order setting a hearing date.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2751. Upon the filing of the certified copy of the order of determination and the evidence and transcript, the board shall procure an order from the court setting a time for hearing. (Amended by Stats. 1957, Ch. 1932.) - 2752. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
The court clerk must immediately give the board a certified copy of the order setting the hearing time.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2752. The clerk of the court shall immediately furnish the board with a certified copy of the order setting the time for hearing. (Amended by Stats. 1957, Ch. 1932.) - 2753. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
The board must immediately mail a copy of the hearing order by registered mail to each known party in interest at their last known residence.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2753. Upon receiving the certified copy of the order setting the time for hearing, the board shall immediately mail a copy of the order by registered mail to each known party in interest at his last known place of residence. (Amended by Stats. 1957, Ch. 1932.) - 2754. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
The board must publish the order at least once a week for four consecutive weeks in a newspaper of general circulation in each county where the stream system is located.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2754. The board shall cause the order to be published at least once a week for four consecutive weeks in some newspaper of general circulation published in each county in which the stream system or any part thereof is situated. (Amended by Stats. 1957, Ch. 1932.) - 2755. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
The board must file proof of service with the clerk of the court.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2755. The board shall file with the clerk of the court proof of service by registered mail and by publication. (Amended by Stats. 1957, Ch. 1932.) - 2756. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
Registered mail and publication count as full and sufficient notice to interested parties of the hearing date and purpose.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2756. Service by registered mail and by publication shall be deemed full and sufficient notice to all parties in interest of the date and purpose of the hearing. (Enacted by Stats. 1943, Ch. 368.) - 2757. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
A party in interest who is aggrieved or dissatisfied with the order of determination may file a notice of exceptions with the court clerk at least 10 days before the hearing.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2757. At least 10 days prior to the day set for hearing, each party in interest who is aggrieved or dissatisfied with the order of determination may file with the clerk of the court notice of exceptions to the order of determination. (Enacted by Stats. 1943, Ch. 368.) - 2758. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
A notice of exceptions must briefly state the exceptions taken, the reasons for them, and the request for relief.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2758. The notice of exceptions shall state briefly the exceptions taken, the reasons therefor, and the prayer for relief. (Enacted by Stats. 1943, Ch. 368.) - 2759. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
A copy of each notice of exception must be sent by registered mail at least 10 days before the hearing.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2759. A copy of each notice of exception shall be sent by registered mail at least 10 days prior to the hearing to the board and to each person who was an adverse party to any issue raised by the exception at a hearing of the board. (Amended by Stats. 1976, Ch. 545.) - 2760. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
This section says the order of determination, claimants’ statements or claims, and exceptions to the order of determination are the pleadings.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2760. The order of determination, the statements or claims of claimants, and the exceptions made to the order of determination constitute the pleadings. (Enacted by Stats. 1943, Ch. 368.) - 2761. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
The court may allow additional or amended pleadings if needed to reach a final determination of the proceeding.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2761. The court may allow such additional or amended pleadings as may be necessary to a final determination of the proceeding. (Enacted by Stats. 1943, Ch. 368.) - 2762. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
If no exceptions are filed, the court must enter a decree affirming the order of determination on the hearing date, on motion of the board.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2762. If no exceptions are filed, then on the day set for the hearing, on motion of the board, the court shall enter a decree affirming the order of determination. (Amended by Stats. 1957, Ch. 1932.) - 2763. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
At the hearing, parties in interest who filed notices of exceptions must appear in person or through counsel, and the court must hear the matter or set another hearing time and keep the hearing open until all exceptions are resolved.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2763. On the day set for hearing all parties in interest who have filed notices of exceptions shall appear in person, or by counsel, and the court shall hear the matter or set the time for hearing, and shall continue the hearing until all exceptions are disposed of. (Enacted by Stats. 1943, Ch. 368.) - 2763.5. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
The court generally cannot consider an exception to the order of determination unless the issue was first raised to the board as an objection, though the court may consider it for good cause shown.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2763.5. (a) No exception to the order of determination shall be considered, except in the court’s discretion for good cause shown, unless the matter of the exception was presented to the board in the form of an objection. Good cause includes, but is not limited to, the existence of newly discovered relevant evidence which, in the exercise of reasonable diligence, could not have been presented to the board during the board’s proceedings. (b) This section does not apply to persons to whom the board did not mail either (1) written notice of the board meeting at which the petition pursuant to Section 2525 is to be considered as an item of business, or (2) written notice of the pendency of the proceedings pursuant to Section 2526. (Added by Stats. 1985, Ch. 572, Sec. 1.) - 2764. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
Hearing proceedings must, as nearly as possible, follow the rules that govern civil actions.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2764. All proceedings on the hearing shall be as nearly as may be in accordance with the rules governing civil actions. (Enacted by Stats. 1943, Ch. 368.) - 2765. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
If the court decides the State is a necessary party, it must order that result and the pleadings and proceedings must be served on the Attorney General, who must represent the State.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2765. Whenever in the judgment of the court the State is a necessary party to the action, the court shall make an order to that effect and thereupon a copy of all pleadings and proceedings on file with the court in the action shall be served upon the Attorney General who shall represent the State therein. (Enacted by Stats. 1943, Ch. 368.) - 2766. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
The court may appoint qualified persons to investigate and report on disputed issues, and those persons must do so under oath and may be examined by any interested party about their expert competency.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2766. For further information on any subject in controversy the court may employ one or more qualified persons to investigate and report thereon under oath, subject to examination by any party in interest as to his competency to give expert testimony on the subject. (Enacted by Stats. 1943, Ch. 368.) - 2767. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
The court may take more evidence on any issue and may send the case back to the board for more evidence or a further determination.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2767. The court may take additional evidence on any issue and may, if necessary, refer the case for such further evidence to be taken by the board as the court may direct, and may require a further determination by the board. (Amended by Stats. 1957, Ch. 1932.) - 2768. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
After the hearing, the court must enter a decree deciding the rights of all persons involved in the proceeding.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2768. After the hearing, the court shall enter a decree determining the right of all persons involved in the proceeding. (Enacted by Stats. 1943, Ch. 368.) - 2769. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
The decree must state the water right for each party, including priority, amount, season of use, purpose of use, point of diversion, and place of use; for irrigation water, it must also state the specific land tracts it serves and any other factors needed to define the right.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2769. The decree shall in every case declare as to the water right adjudged to each party, the priority, amount, season of use, purpose of use, point of diversion, and place of use of the water; and as to water used for irrigation, the decree shall also declare the specific tracts of land to which it is appurtenant, together with such other factors as may be necessary to define the right. (Enacted by Stats. 1943, Ch. 368.) - 2770. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
On the hearing, the court may assign costs to any party if it considers that just.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2770. Upon the hearing the court may assess and adjudge against any party such costs as it may deem just. (Enacted by Stats. 1943, Ch. 368.) - 2771. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
The board or any interested party may appeal the decree, and the appeal works the same as a civil case appeal.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2771. Appeals from the decree may be taken by the board or any party in interest, in the same manner and with the same effect as in civil cases. (Amended by Stats. 1957, Ch. 1932.) - 2772. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
The clerk of the court must prepare a certified copy of the decree without charge and file it for record in the county recorder’s office for each county where any part of the stream system is located, and also in the office of the board.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2772. A certified copy of the decree shall be prepared by the clerk of the court, without charge, and filed for record in the office of the county recorder of each county in which any part of the stream system is situated and also in the office of the board. (Amended by Stats. 1957, Ch. 1932.) - 2773. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
The court decree is final for the rights of all existing claimants within the stream system covered by the determination.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2773. The decree is conclusive as to the rights of all existing claimants upon the stream system lawfully embraced in the determination. (Enacted by Stats. 1943, Ch. 368.) - 2774. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. )
If a claimant fails to appear and submit proof as required, the claimant is barred from later asserting rights in the stream system and is treated as having forfeited those water rights, unless State law gives relief.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 9. Hearing and Decree of Court [2750 - 2774] ( Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53. ) ## 2774. When a decree has been entered, any claimant who has failed to appear and submit proof of his claim as provided in this chapter shall be barred and estopped from subsequently asserting any rights theretofore acquired upon the stream system embraced in the proceedings, and shall be held to have forfeited all rights to water theretofore claimed by him on the stream system, other than as provided in the decree, unless entitled to relief under the laws of this State. (Enacted by Stats. 1943, Ch. 368.) - 2780. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 10. Intervention [2780 - 2783] ( Article 10 added by Stats. 1965, Ch. 53. )
A claimant with no prior notice of the proceeding may intervene by filing an exception and proof of claim, if done at least 10 days before the hearing or within additional time the court allows.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 10. Intervention [2780 - 2783] ( Article 10 added by Stats. 1965, Ch. 53. ) ## 2780. Any claimant who, prior to entry of the order of determination by the board, had no actual knowledge or notice of the pendency of the proceedings may, at least 10 days prior to the date set for hearing by the court or within such further time prior to the decree as the court may allow, intervene in the proceedings by filing with the court an exception to the order of determination and a proof of claim which shall contain all the matters required by this chapter of claimants who have been served with notice of the proceeding. (Added by Stats. 1965, Ch. 53.) - 2781. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 10. Intervention [2780 - 2783] ( Article 10 added by Stats. 1965, Ch. 53. )
After filing an exception and proof of claim, the intervenor must apply to the court for an order setting the time and manner of service and the deadline for filing contests.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 10. Intervention [2780 - 2783] ( Article 10 added by Stats. 1965, Ch. 53. ) ## 2781. Upon filing his exception and proof of claim, the intervenor shall make application to the court for an order prescribing the time and manner of service of the exception and proof upon other claimants and the time within which contests of the proof may be filed with the court and served upon the intervenor. (Added by Stats. 1965, Ch. 53.) - 2782. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 10. Intervention [2780 - 2783] ( Article 10 added by Stats. 1965, Ch. 53. )
After the court’s contest-filing deadline expires, the court must hear and decide the intervenor’s exception, proof, and any contest to it.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 10. Intervention [2780 - 2783] ( Article 10 added by Stats. 1965, Ch. 53. ) ## 2782. After expiration of the time fixed by the court for filing contests, the court shall proceed to hear and determine the exception and proof of intervenor and any contest thereto in accordance as near as may be with Article 9 (commencing with Section 2750). (Amended by Stats. 1983, Ch. 142, Sec. 176.) - 2783. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 10. Intervention [2780 - 2783] ( Article 10 added by Stats. 1965, Ch. 53. )
The court may send the matter back to the board for more evidence or a further determination, and the board may be reimbursed for expenses incurred.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 10. Intervention [2780 - 2783] ( Article 10 added by Stats. 1965, Ch. 53. ) ## 2783. The court may refer the matter for such further evidence to be taken by the board as the court may direct, and may require a further determination by the board, in which event the board shall be entitled to reimbursement for expenses incurred by it in the manner provided in Article 13 (commencing with Section 2850) of this chapter. (Added by Stats. 1965, Ch. 53.) - 2801. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. )
People claiming rights under an incomplete water appropriation must appear and submit proof of claim when notified.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. ) ## 2801. All persons claiming rights under an incomplete appropriation, when notified as provided in this chapter, shall appear and submit their proofs of claim in accordance with this chapter, or they shall be deemed and held to be in default and to have abandoned or to have no right, title, or interest in or to the water of the stream system, other than as the person may be found to be entitled by the board based on available information and data. (Amended by Stats. 1957, Ch. 1932.) - 2802. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. )
For certain incomplete water appropriations started before December 19, 1914, the board must set a reasonable time to finish the appropriation and put the water to beneficial use.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. ) ## 2802. In determining rights based on an incomplete appropriation initiated according to law prior to December 19, 1914, and since prosecuted with reasonable diligence in accordance with Section 1416 of the Civil Code, the board shall prescribe such reasonable time for the completion of the appropriation and the application of the water to a beneficial use as will enable the claimant acting in good faith and with due diligence to complete the appropriation. (Amended by Stats. 1965, Ch. 53.) - 2803. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. )
The claimant must give the court proof that the appropriation was completed and state how much water was actually put to beneficial use, within the prescribed completion time or any extra time the court allows.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. ) ## 2803. The order of determination shall provide that within the time prescribed for completion of the appropriation, or such further time as the court may allow, the claimant shall submit to the court proof of completion and the amount of water actually applied to beneficial use. (Amended by Stats. 1965, Ch. 53.) - 2806. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. )
The court has authority to hear and decide proof about whether a water right has been completed.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. ) ## 2806. The court shall have authority to thereafter hear and determine proof offered as to the completion of any such right. (Enacted by Stats. 1943, Ch. 368.) - 2807. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. )
The court may extend the time for completion, but only if a motion is made before the existing time limit expires.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. ) ## 2807. Time for completion may be extended from time to time by the court upon motion made prior to the expiration of the limit of time fixed therefor. (Enacted by Stats. 1943, Ch. 368.) - 2808. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. )
A notice of motion for an extension of time for completion must be filed no later than 90 days before the time limit expires.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. ) ## 2808. Notice of motion for an extension of time for completion shall be filed not more than 90 days prior to the expiration of the time limit. (Enacted by Stats. 1943, Ch. 368.) - 2809. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. )
The court clerk must post notice of the hearing of the motion at the courthouse where the hearing will be held, at least 10 days before the hearing.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. ) ## 2809. The clerk of the court shall post notice of hearing of the motion at the courthouse where the hearing is to be held and at least 10 days prior to the hearing. (Enacted by Stats. 1943, Ch. 368.) - 2810. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. )
The court may send the motion to the board for a report and recommendation.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. ) ## 2810. The court may refer the matter of the motion to the board for its report and recommendation thereon. (Amended by Stats. 1965, Ch. 53.) - 2811. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. )
The court must either grant an extension of time, if there is good and sufficient cause in its discretion, or deny the motion, after receiving the board’s report and recommendation or after 90 days if the board has not filed it.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. ) ## 2811. Upon receipt of the report and recommendation of the board or, if the board fails to file its report and recommendations within 90 days after the reference, upon the expiration of that period, the court shall grant such an extension of time as there is, in its discretion, good and sufficient cause for, or shall deny the motion. (Amended by Stats. 1957, Ch. 1932.) - 2812. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. )
After a denial of a motion to extend completion time, the applicant may file a notice of intention to offer proof of completion within 10 days after notice from the clerk.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. ) ## 2812. In event of denial of a motion for the extension of time for completion the applicant may within 10 days after notice by the clerk of the denial, file notice of intention to offer proof of completion. (Enacted by Stats. 1943, Ch. 368.) - 2813. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. )
A claimant who wants to offer proof of completion must file a notice of intention with the clerk of the court.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. ) ## 2813. Any claimant desiring to offer proof of completion shall file a notice of intention to offer such proof with the clerk of the court. (Enacted by Stats. 1943, Ch. 368.) - 2814. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. )
The clerk must post notice of the hearing time at the courthouse where the hearing will be held, at least 10 days before the hearing.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. ) ## 2814. The clerk shall post notice of the time for hearing the proof at the courthouse where the hearing is to be held and at least 10 days prior to the hearing. (Enacted by Stats. 1943, Ch. 368.) - 2815. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. )
After proof of completion is submitted, the court must enter a supplemental decree determining the water right; if proof is not submitted in time or no extension is secured, the court must enter a supplemental decree denying the right.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. ) ## 2815. Upon submission of proof of completion after entry of the decree of the court, the court shall enter a supplemental decree determining the right before it and in event of failure, after entry of the decree of the court, to submit proof within the time allowed or to move for and secure an extension of time to do so the court shall enter a supplemental decree denying the right involved. (Enacted by Stats. 1943, Ch. 368.) - 2816. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. )
People claiming rights under an incomplete water appropriation must finish it by the board-set deadline, or any timely court-granted extension, or they are treated as having abandoned the incomplete portion.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. ) ## 2816. All persons claiming rights under incomplete appropriations who fail to complete their appropriations within the limit of time fixed by the board in its order of determination, or within such further time granted upon motion made prior to the expiration of the time limit as the court finds equitable and just, shall be deemed to have abandoned their rights of appropriation insofar as the same remain incomplete, and such appropriators shall be deemed and held to have no right, title or interest in or to the water of the stream system insofar as their appropriations have not been completed. (Amended by Stats. 1957, Ch. 1932.) - 2817. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. )
The board or any party in interest may appeal court action under this article, following the same procedure and effect as civil cases.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. ) ## 2817. Appeals from any action of the court under this article may be taken by the board or any party in interest in the same manner and with the same effect as in the civil cases. (Amended by Stats. 1957, Ch. 1932.) - 2818. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. )
This provision says the article does not give appropriation rights to parties who abandoned their appropriations or did not use due diligence to apply the water to a beneficial use and complete the appropriation.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. ) ## 2818. This article shall not be construed to confer any rights of appropriation upon parties who shall have abandoned their appropriations or failed to use due diligence in the application of the water to a beneficial use and in the completion of their appropriations. (Enacted by Stats. 1943, Ch. 368.) - 2819. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. )
Some incomplete water appropriations must be included in the decree and kept under board administration; after a license issues and review is completed, the court must enter a supplemental decree confirming the right, and the same applies to board-authorized changes.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. ) ## 2819. Incomplete appropriations initiated by application under the provisions of the Water Commission Act or this code shall be included in the decree but shall continue to be administered by the board as in other cases. Upon issuance of a license by the board and completion of court review of the board’s action under Article 3 (commencing with Section 1126) of Chapter 4 of Part 1, if court review is sought, and upon motion of the licensee or the board, the court shall enter a supplemental decree confirming the right in accordance with the license. Any change authorized by the board pursuant to Chapter 10 (commencing with Section 1700), Part 2, of this division, shall in like manner be the subject of a supplemental decree. (Amended by Stats. 1996, Ch. 659, Sec. 18. Effective January 1, 1997.) - 2820. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. )
If the board revokes a permit or license and court review is completed or sought, the court must enter a supplemental decree denying the right involved when the board or an interested party moves for it.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 11. Proceedings when Appropriation Incomplete at Time of Determination [2801 - 2820] ( Article 11 enacted by Stats. 1943, Ch. 368. ) ## 2820. After revocation by the board of a permit or license relating to a right included in the decree and upon completion of court review of the board’s action under Article 3 (commencing with Section 1126) of Chapter 4 of Part 1, if court review is sought, the court shall, upon motion of the board or any interested party, enter a supplemental decree denying the right involved. (Amended by Stats. 1996, Ch. 659, Sec. 19. Effective January 1, 1997.) - 2825. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 12. Service of Copy of Decree [2825 - 2826] ( Article 12 enacted by Stats. 1943, Ch. 368. )
The board must give each claimant whose rights are decreed a copy of the decree and notice that it was entered.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 12. Service of Copy of Decree [2825 - 2826] ( Article 12 enacted by Stats. 1943, Ch. 368. ) ## 2825. The board shall furnish to each claimant whose rights are decreed a copy of the decree and a notice of the entry thereof. (Amended by Stats. 1957, Ch. 1932.) - 2826. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 12. Service of Copy of Decree [2825 - 2826] ( Article 12 enacted by Stats. 1943, Ch. 368. )
When a supplemental decree is entered that establishes or changes a right, the board must send each significantly affected claimant a copy of the decree and notice of entry at the claimant’s last known address.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 12. Service of Copy of Decree [2825 - 2826] ( Article 12 enacted by Stats. 1943, Ch. 368. ) ## 2826. Upon entry of a supplemental decree establishing or modifying a right, the board shall furnish to each claimant who could be significantly affected, at his last known address, a copy of the supplemental decree and a notice of entry thereof. (Amended by Stats. 1976, Ch. 545.) - 2850. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. )
The board must collect the Section 1528 fee from each claimant when proofs are submitted.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. ) ## 2850. At the time of the submission of proofs, the board shall collect from each claimant the fee established pursuant to Section 1528. (Amended by Stats. 2003, Ch. 741, Sec. 87. Effective January 1, 2004.) - 2851. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. )
The board must compute the full expense of carrying out this chapter when, or soon after, it mails its order of determination.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. ) ## 2851. At the time of, or as soon as practicable after the mailing of, its order of determination the board shall compute the entire expense it has incurred in performing the duties prescribed in this chapter, including salaries, wages, traveling expenses, and all costs of whatever character which are properly chargeable to the proceeding. (Amended by Stats. 1957, Ch. 1932.) - 2852. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. )
If expenses exceed the amount received from claimants when proofs are submitted, the board must equitably apportion the excess among the parties to the proceeding.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. ) ## 2852. If the total amount of expense exceeds the total amount received from claimants at the time of submission of proofs, the excess expense shall be equitably apportioned by the board against the parties to the proceeding. (Amended by Stats. 1957, Ch. 1932.) - 2853. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. )
The board must send a statement of the expenses and how they are apportioned to the parties by registered mail and file it with the court.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. ) ## 2853. A statement setting forth the expense and the apportionments thereof against the respective parties shall be sent by registered mail by the board to each of the parties and filed with the court. (Amended by Stats. 1957, Ch. 1932.) - 2855. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. )
An aggrieved party may apply in writing within 30 days after the statement of expense and apportionment is mailed, and the court must then set a hearing on objections to the expense or apportionment.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. ) ## 2855. Upon application in writing by any party aggrieved within 30 days after the statement of expense and the apportionment thereof has been mailed to the parties, the court shall after expiration of said period set for hearing the determination of any objections to the expense or to the apportionments thereof. (Amended by Stats. 1955, Ch. 629.) - 2856. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. )
The clerk of the court must mail notice to all parties at least 10 days before the hearing date.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. ) ## 2856. The clerk of the court shall, at least 10 days prior to the date of hearing, give notice thereof by mail to all parties. (Enacted by Stats. 1943, Ch. 368.) - 2857. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. )
If no objection is filed within the prescribed period, the court must enter judgment for the board, on the board’s ex parte application, for the amounts apportioned to the parties.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. ) ## 2857. If no objection is filed with the court within the prescribed periods the court upon ex parte application of the board shall enter a judgment against the parties in favor of the board in the amounts apportioned to them. (Amended by Stats. 1963, Ch. 329.) - 2858. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. )
If a party does not object to the expense or how it is apportioned, it waives those objections.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. ) ## 2858. Any party failing to object to the expense or the apportionments thereof waives all objections thereto. (Enacted by Stats. 1943, Ch. 368.) - 2859. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. )
If objections are heard about the expense or its apportionment, the court must decide the expense and apportionment and enter judgment against the parties for the apportioned amounts in favor of the board.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. ) ## 2859. Upon the hearing of objections to the expense or the apportionments thereof the court shall determine the expense and its apportionment as the court deems equitable and shall enter judgment against the parties in favor of the board in the amounts apportioned to them. (Amended by Stats. 1963, Ch. 329.) - 2864. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. )
The board may refuse to investigate or proceed with a chapter proceeding if its available funds are inadequate or reimbursement is not reasonably certain, unless interested persons make a satisfactory provision for reimbursement or payment.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. ) ## 2864. If the funds available for use by the board are inadequate to enable it to undertake the expense of any proceeding under this chapter or if in its judgment reimbursement for the expense of any such proceeding is not reasonably certain, it may refuse to proceed with its investigation and to undertake the proceeding, unless and until such provision is made by persons interested as may be satisfactory to the board and deemed by it sufficient to secure reimbursement or payment to it for its expenses. (Amended by Stats. 1957, Ch. 1932.) - 2865. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. )
The board may order the parties to make interim or partial expense payments during proceedings, if it gives at least 20 days’ notice.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. ) ## 2865. During the pendency of any proceedings under this chapter, the board, after at least 20 days’ notice to the parties, may order interim or partial payments of the expense to be made by the parties as the board deems proper and equitable under the circumstances. (Added by Stats. 2003, Ch. 741, Sec. 88. Effective January 1, 2004.) - 2868. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. )
If a party does not pay its apportioned expenses when due, the board may send the matter for collection of the unpaid amount.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Statutory Adjudications [2500 - 2868] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 13. Expenses of Determination [2850 - 2868] ( Article 13 enacted by Stats. 1943, Ch. 368. ) ## 2868. If a party fails to pay the expenses apportioned to that party when due, the board may refer the matter for collection of the unpaid expenses pursuant to Section 1536. (Added by Stats. 2003, Ch. 741, Sec. 89. Effective January 1, 2004.) - 290. Verify source ↗
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2.5. Miscellaneous Powers of Department [205 - 347] ( Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## ARTICLE 3.5. Habitat Restoration Contracts [290- 290.] ( Article 3.5 added by Stats. 2025, Ch. 14, Sec. 10. )
The department may enter habitat restoration contracts when it has funds, and it must follow specified contracting and solicitation requirements.
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2.5. Miscellaneous Powers of Department [205 - 347] ( Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## ARTICLE 3.5. Habitat Restoration Contracts [290- 290.] ( Article 3.5 added by Stats. 2025, Ch. 14, Sec. 10. ) ## 290. (a) Notwithstanding any other law, when undertaking a habitat restoration project where the department has available funds to carry out the project, the department may enter into contracts to accomplish the restoration pursuant to this section, the State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code), and Section 65967 of the Government Code. (b) Contracts may include the physical restoration of any state or privately owned real property, and any incidental or necessary services to accomplish that purpose. This may include, but is not limited to, the acquisition or sale of real property, including to the department, conducting environmental reviews, performance of design, securing any necessary permits, and ongoing monitoring or land management. (c) Solicitations for a contract for habitat restoration issued by the department shall be subject to all of the following: (1) The department shall prepare a request for proposals in a manner prescribed by the department. (2) The request for proposals shall include all applicable terms and conditions that may apply to the habitat restoration project. (3) The request for proposals shall include minimum requirements for any proposals, standards for competition, including the minimum number of proposals required, and the processes and procedures for the scoring, evaluation of proposals, and protests. (d) Contracts entered into by the department shall provide compensation, including through progress payments, based upon measurable environmental outcomes and performance targets. (e) Contracts entered into by the department that include work meeting the definition of a “public work” pursuant to Section 1720 of the Labor Code shall be subject to the provisions of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (f) In establishing the terms and conditions applicable for each project, the department shall classify the nature of the services to be provided. The department shall ensure that the contract includes necessary terms and conditions that are consistent with other applicable state contracts for each identified classification. (Added by Stats. 2025, Ch. 14, Sec. 10. (SB 124) Effective June 27, 2025.) - 2900. Verify source ↗
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Modification of Decrees [2900- 2900.] ( Chapter 4 enacted by Stats. 1943, Ch. 368. )
The court may let the board or an affected party ask to modify a water-rights decree within three years, and the court may change the quantities of water allowed.
## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 3. DETERMINATION OF WATER RIGHTS [2000 - 2900] ( Part 3 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Modification of Decrees [2900- 2900.] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## 2900. In rendering its decree for the determination of rights to water, whether in suits referred to the board under the provisions of Chapter 1 of this part or in adjudications under the provisions of Chapter 3 of this part, the court may provide that the board or any party affected by the decree may, at any time within three years from entry thereof, apply to the court for a modification of the decree insofar only as the decree determines quantities of water, and after hearing the motion and any competent and admissible evidence offered in support of or against the motion the court may modify the decree by increasing or decreasing the quantities of water therein allowed. (Amended by Stats. 1957, Ch. 1932.) - 29975. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 12. REPEALS [29975 - 29978] ( Part 12 added by Stats. 1943, Ch. 372. )
This section repeals the listed acts.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 12. REPEALS [29975 - 29978] ( Part 12 added by Stats. 1943, Ch. 372. ) ## 29975. The following acts are hereby repealed: Yr. Ch.Pg. Yr.Ch. Pg. 1854 : 57 : 76 1893:211 : 295 1860 :220 : 182 1897:189 : 254 1863–4 : 89 : 87 1903: 5 : 3 1863–4 :174 : 167 1907:298 : 569 1865–6 :470 : 609 1915: 1 : 1 1865–6 :556 : 777 1917:160 : 243 1867–8 :135 : 112 1917:591 : 905 1871–2 :634 : 945 1919:356 : 751 1873–4 :214 : 312 1919:370 : 778 1875–6 :110 : 79 1921:600 :1018 1875–6 :347 : 486 1923:225 : 449 1875–6 :396 : 547 1927:748 :1415 1875–6 :491 : 731 1929: 64 : 136 1877–8 :300 : 374 1931: 53 : 46 1877–8 :306 : 387 1933: 75 : 513 1877–8 :345 : 468 1937: 24 : 92 1877–8 :526 : 820 1941:466 :1765 1887 : 34 : 29 (Added by Stats. 1943, Ch. 372.) - 29976. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 12. REPEALS [29975 - 29978] ( Part 12 added by Stats. 1943, Ch. 372. )
This section repeals three listed acts and says the codified provisions in this division still apply to the Palo Verde Irrigation District.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 12. REPEALS [29975 - 29978] ( Part 12 added by Stats. 1943, Ch. 372. ) ## 29976. The following acts are hereby repealed: Yr. Ch. Pg. 1917: 606: 936 1933: 994: 2557 1935: 833: 2250 Notwithstanding the repeal of said acts the provisions thereof as codified in this division shall continue to apply to the Palo Verde Irrigation District. (Added by Stats. 1943, Ch. 372.) - 29978. Verify source ↗
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 12. REPEALS [29975 - 29978] ( Part 12 added by Stats. 1943, Ch. 372. )
Repeals under this part cannot be read to take away any substantial right of a district, person, or other entity.
## Water Code - WAT ## DIVISION 11. IRRIGATION DISTRICTS [20500 - 29978] ( Division 11 added by Stats. 1943, Ch. 372. ) ## PART 12. REPEALS [29975 - 29978] ( Part 12 added by Stats. 1943, Ch. 372. ) ## 29978. The repeals effected by this part shall not be construed to deprive any district or any person or other entity of any substantial right which would have existed or hereafter exist had such repeals not been effected. (Added by Stats. 1943, Ch. 372.) - 3. Verify source ↗
## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. )
People who already hold offices under repealed acts keep those offices when the code takes effect, as long as the offices are continued by the code.
## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. ) ## 3. All persons who, at the time this code takes effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold them according to their former tenure. (Enacted by Stats. 1943, Ch. 368.) - 300. Verify source ↗
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2.5. Miscellaneous Powers of Department [205 - 347] ( Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## ARTICLE 4. Waste from Artesian Wells [300 - 311] ( Article 4 enacted by Stats. 1943, Ch. 368. )
This section defines “artesian well” for this article.
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2.5. Miscellaneous Powers of Department [205 - 347] ( Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## ARTICLE 4. Waste from Artesian Wells [300 - 311] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 300. For the purposes of this article, an artesian well is any artifical hole made in the ground through which water naturally flows from subterranean sources to the surface of the ground for any length of time. (Enacted by Stats. 1943, Ch. 368.) - 30000. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Short Title [30000- 30000.] ( Chapter 1 added by Stats. 1949, Ch. 274. )
This section says Division 12 may be known and cited as the County Water District Law.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Short Title [30000- 30000.] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## 30000. This division shall be known and may be cited as the County Water District Law. (Added by Stats. 1949, Ch. 274.) - 30010. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. )
This chapter governs how this division is interpreted, unless the context requires a different reading.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30010. Unless the context otherwise requires, the provisions of this chapter shall govern the construction of this division. (Added by Stats. 1949, Ch. 274.) - 30011. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. )
A word’s definition also applies to its variants.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30011. The definition of a word applies to any of its variants. (Added by Stats. 1949, Ch. 274.) - 30012. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. )
“Include” generally does not imply an exhaustive list, except in the context of including land into a district.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30012. “Include” except when used in relation to the inclusion of land into a district does not necessarily exclude matters not enumerated. (Added by Stats. 1949, Ch. 274.) - 30013. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. )
“District” means a county water district formed under the County Water District Act or this division.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30013. “District” means a county water district formed under the provisions of the County Water District Act or this division. (Added by Stats. 1949, Ch. 274.) - 30014. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. )
“Board” means the board of directors of a district.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30014. “Board” means the board of directors of a district. (Added by Stats. 1949, Ch. 274.) - 30015. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. )
“Land” generally means land in the district or proposed district involved, except in Chapter 2 of Part 8.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30015. “Land” except in Chapter 2 of Part 8 means land in the district or proposed district involved. (Added by Stats. 1949, Ch. 274.) - 30016. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. )
“President” means the president of the board.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30016. “President” means the president of the board. (Added by Stats. 1949, Ch. 274.) - 30017. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. )
This section defines “Secretary” as the secretary of the board.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30017. “Secretary” means the secretary of the board. (Added by Stats. 1949, Ch. 274.) - 30018. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. )
This section defines “assessee” as the person to whom property is assessed.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30018. “Assessee” means the person to whom property is assessed. (Added by Stats. 1949, Ch. 274.) - 30019. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. )
“General district election” means the election held in each district on the first Tuesday after the first Monday in November in each odd-numbered year.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30019. “General district election” means the election required to be held in each district on the first Tuesday after the first Monday in November in each odd-numbered year. (Amended by Stats. 1965, Ch. 2019.) - 30020. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. )
A “special water district election” is any district election that is not a general district election.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30020. “Special water district election” means any district election other than a general district election. (Amended by Stats. 1965, Ch. 2019.) - 30021. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. )
This section says “elector,” “voter,” and “precinct board” have the same meanings as in the Elections Code, and an elector or voter must also be a resident of the district or proposed district involved.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30021. “Elector,” “voter,” and “precinct board” have respectively the same meaning as defined in the Elections Code, but an “elector” or “voter” shall also be a resident of the district or proposed district involved. (Amended by Stats. 1994, Ch. 923, Sec. 233. Effective January 1, 1995.) - 30022. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. )
“Holder of title” includes a holder of evidence of title.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30022. “Holder of title” includes a holder of evidence of title. (Added by Stats. 1949, Ch. 274.) - 30023. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. )
“Property” means all real and personal property.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30023. “Property” embraces all real and personal property. (Added by Stats. 1949, Ch. 274.) - 30024. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. )
This section defines “Works” to include a broad list of water, sewage, stormwater, and fire-protection facilities and equipment.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30024. “Works” includes water works, conduits, reservoirs, storage sites, water sheds, machinery, wells, pumps, dams, storage tanks, tunnels, hydrants, meters, works and facilities for the collection, treatment and disposal of sewage, waste and storm waters, fire protection works and facilities, other appliances and their appurtenances. (Amended by Stats. 1955, Ch. 1295.) - 30025. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. )
“Conduit” includes canals, channels, pipes, ditches, and flumes.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30025. “Conduit” includes canals, channels, pipes, ditches, and flumes. (Added by Stats. 1949, Ch. 274.) - 30026. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. )
“Operate” includes using, maintaining, and repairing.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30026. “Operate” includes use, maintain, and repair. (Added by Stats. 1949, Ch. 274.) - 30027. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. )
This section defines “street” to include road, alley, avenue, highway, and public way.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Definitions [30010 - 30027] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30027. “Street” includes road, alley, avenue, highway, and public way. (Added by Stats. 1949, Ch. 274.) - 30060. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. General Provisions [30060 - 30068] ( Chapter 3 added by Stats. 1949, Ch. 274. )
This section says the division must not be read to repeal or change any other law about water, water supply, or acquiring water by counties or municipalities.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. General Provisions [30060 - 30068] ( Chapter 3 added by Stats. 1949, Ch. 274. ) ## 30060. Nothing in this division shall be so construed as repealing or in anywise modifying any other law relating to water or the supply of water to or the acquisition thereof by counties or municipalities. (Added by Stats. 1949, Ch. 274.) - 30062. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. General Provisions [30060 - 30068] ( Chapter 3 added by Stats. 1949, Ch. 274. )
Land that is now privately owned and lies within a district’s exterior boundaries is added to the district if it was public land when the district was formed and has not already been added.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. General Provisions [30060 - 30068] ( Chapter 3 added by Stats. 1949, Ch. 274. ) ## 30062. All land which is now privately owned and situate within the exterior boundaries of any district, but which was public land of the United States or of this State at the time of the formation of the district and has not heretofore been added to the district is hereby added to the district. The Legislature hereby finds and determines that all of the land is and will be benefited by the formation, existence and operation of the district. (Repealed and added by Stats. 1949, Ch. 270.) - 30063. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. General Provisions [30060 - 30068] ( Chapter 3 added by Stats. 1949, Ch. 274. )
If this division requires a notice to be published for a set number of weeks, it only has to be published on one day each week and the same number of times as the number of weeks.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. General Provisions [30060 - 30068] ( Chapter 3 added by Stats. 1949, Ch. 274. ) ## 30063. Whenever by this division a notice is required to be published for a designated number of weeks or once a week for a designated number of weeks, the notice need be published on only one day of each week and for only the same number of times as the number of weeks designated. (Added by Stats. 1949, Ch. 276.) - 30064. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. General Provisions [30060 - 30068] ( Chapter 3 added by Stats. 1949, Ch. 274. )
For a district spanning more than one county, references in this division to the district’s county or its officers are treated as references to the county containing the larger part of the district, or that county’s officers.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. General Provisions [30060 - 30068] ( Chapter 3 added by Stats. 1949, Ch. 274. ) ## 30064. Wherever in this division a reference is made to the county in which a district is situated or to any of the officers thereof, such reference, with respect to a district located in more than one county, shall be deemed to be to the county in which the greater portion of the district is located or to the officers of such county. (Added by Stats. 1955, Ch. 991.) - 30065. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. General Provisions [30060 - 30068] ( Chapter 3 added by Stats. 1949, Ch. 274. )
This section limits how county water district boundaries affect other public bodies, requires consent before forming a similar public body inside an existing county water district, allows cities to annex territory without that consent, and validates certain older county water districts.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. General Provisions [30060 - 30068] ( Chapter 3 added by Stats. 1949, Ch. 274. ) ## 30065. The inclusion in, or annexation or addition to, a county water district, of all or any part of the corporate area of any public corporation or public agency, shall not destroy the identity or legal existence or impair the powers of any such public corporation or public agency, notwithstanding the identity of purpose, or substantial identity of purpose, of such county water district. No public corporation or public agency having identity of purpose or substantial identity of purpose shall be formed partly or entirely within a county water district existing under the provisions of this code without the consent of such county water district. Nothing in this section shall be construed to prohibit any city from annexing territory within a county water district without the consent of such county water district. All county water districts heretofore formed partly or entirely within another county water district previously existing under the provisions of this code, with or without the consent of such previously existing county water district and for a purpose not then actually exercised, or to provide a service not then provided by said previously existing county water district, are hereby declared to be valid and legally existing districts. (Amended by Stats. 1969, Ch. 934.) - 30066. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. General Provisions [30060 - 30068] ( Chapter 3 added by Stats. 1949, Ch. 274. )
An action challenging the validity of certain assessments, warrants, contracts, obligations, or indebtedness under this division may be brought under Chapter 9 of the Code of Civil Procedure.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. General Provisions [30060 - 30068] ( Chapter 3 added by Stats. 1949, Ch. 274. ) ## 30066. An action to determine the validity of an assessment, or of warrants, contracts, obligations, or evidences of indebtedness pursuant to this division may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Added by Stats. 1963, Ch. 764.) - 30068. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. General Provisions [30060 - 30068] ( Chapter 3 added by Stats. 1949, Ch. 274. )
Districts governed by this division must comply with the Uniform District Election Law.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 1. INTRODUCTORY PROVISIONS [30000 - 30068] ( Part 1 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. General Provisions [30060 - 30068] ( Chapter 3 added by Stats. 1949, Ch. 274. ) ## 30068. Districts governed by this division are subject to the provisions of the Uniform District Election Law. (Added by Stats. 1965, Ch. 2019.) - 301. Verify source ↗
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2.5. Miscellaneous Powers of Department [205 - 347] ( Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## ARTICLE 4. Waste from Artesian Wells [300 - 311] ( Article 4 enacted by Stats. 1943, Ch. 368. )
This section defines “waste” for artesian wells as letting water flow into certain waters, roads, or land, unless it is used for listed purposes.
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2.5. Miscellaneous Powers of Department [205 - 347] ( Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## ARTICLE 4. Waste from Artesian Wells [300 - 311] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 301. For the purposes of this article, waste is the causing, suffering, or permitting any water flowing from an artesian well, to run either: (a) Into any natural watercourse or channel, or into any bay or pond, unless the water is used thereafter for irrigation or domestic use. (b) Into any street, road, or highway. (c) Upon the land of any person or upon the public land of the United States or of the State, unless it is used thereon for irrigation, domestic use, or the propagation of fish. (Enacted by Stats. 1943, Ch. 368.) - 302. Verify source ↗
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2.5. Miscellaneous Powers of Department [205 - 347] ( Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## ARTICLE 4. Waste from Artesian Wells [300 - 311] ( Article 4 enacted by Stats. 1943, Ch. 368. )
Water used to irrigate land from an artesian well is treated as waste if more than 5% of the water received for irrigation is allowed to escape from the land.
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2.5. Miscellaneous Powers of Department [205 - 347] ( Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## ARTICLE 4. Waste from Artesian Wells [300 - 311] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 302. The use of any water flowing from an artesian well for the irrigation of land, whenever over 5 per cent of the water received on the land for irrigation purposes is permitted to escape from the land, is waste within the meaning of this article. (Enacted by Stats. 1943, Ch. 368.) - 30200. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Petition for Formation [30200 - 30205] ( Chapter 1 added by Stats. 1949, Ch. 274. )
People in a county or contiguous counties, or part of them, may form a county water district.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Petition for Formation [30200 - 30205] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## 30200. The people of a county or two or more contiguous counties or of a portion of such county or counties, whether the portion includes unincorporated territory or not, may form a county water district pursuant to this part. (Amended by Stats. 1955, Ch. 991.) - 30201. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Petition for Formation [30200 - 30205] ( Chapter 1 added by Stats. 1949, Ch. 274. )
A petition for formation must describe the proposed district boundaries and request that the proposed district be incorporated.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Petition for Formation [30200 - 30205] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## 30201. The petition for formation shall describe the proposed boundaries of the proposed district and shall pray that it be incorporated into a district. (Added by Stats. 1949, Ch. 274.) - 30202. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Petition for Formation [30200 - 30205] ( Chapter 1 added by Stats. 1949, Ch. 274. )
A formation petition must be signed by voters, and the signatures must equal at least 10% of the voters registered in the proposed district 30 days before filing.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Petition for Formation [30200 - 30205] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## 30202. The petition shall be signed by voters equal in number to at least 10 percent of the voters registered within the boundaries of the proposed district 30 days prior to the date the petition is filed. (Amended by Stats. 1963, Ch. 1233.) - 30203. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Petition for Formation [30200 - 30205] ( Chapter 1 added by Stats. 1949, Ch. 274. )
If the proposed district includes one or more municipal corporations or part of one, the petition must be signed by at least 10% of the voters in each affected municipal corporation or part and in the unincorporated territory included in the district.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Petition for Formation [30200 - 30205] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## 30203. But, if one or more municipal corporations or part thereof is included in the proposed district, the petition shall be signed by at least 10 percent of the voters of each municipal corporation or part thereof and of the unincorporated territory included in the proposed district voting at the election. (Added by Stats. 1949, Ch. 274.) - 30204. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Petition for Formation [30200 - 30205] ( Chapter 1 added by Stats. 1949, Ch. 274. )
A petition may be made up of any number of separate instruments.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Petition for Formation [30200 - 30205] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## 30204. The petition may consist of any number of separate instruments. (Added by Stats. 1949, Ch. 274.) - 30205. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Petition for Formation [30200 - 30205] ( Chapter 1 added by Stats. 1949, Ch. 274. )
For a county water district petition covering all or part of Pleasant Valley, Ventura County, the petition may be signed either by the voters required by Section 30202 or by 10% of the landowners in the proposed district.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Petition for Formation [30200 - 30205] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## 30205. The petition for the formation of a county water district to include all or part of Pleasant Valley, Ventura County, may be signed by either: (a) The number of voters required by Section 30202, or (b) Ten percent of the owners of land within the proposed district. The provisions of this section shall apply only to the formation of a county water district in all or part of Pleasant Valley, Ventura County. The special provisions are necessary because in the Pleasant Valley area in Ventura County much of the land is owned by persons living in the near-by communities of Oxnard, Ventura, Camarillo, and other near-by towns and many of the persons residing on the land are not the owners of the land and the owners wish to form a county water district. The owners will be the ones primarily concerned with such a district and the ones who will be supporting such a district and not the resident nonowners. (Added by Stats. 1955, Ch. 1287.) - 30230. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Notice of Hearing on Formation [30230 - 30232] ( Chapter 2 added by Stats. 1949, Ch. 274. )
The county elections official must publish a hearing notice for the formation petition once a week for at least two weeks before the petition is presented and considered, in one to three county newspapers.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Notice of Hearing on Formation [30230 - 30232] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30230. The county elections official of the county containing the proposed district shall publish a notice of a hearing on the formation petition once a week for at least two weeks before the time when the petition is to be presented and considered in at least one, but not to exceed three, newspapers printed and published in the county. (Amended by Stats. 2002, Ch. 221, Sec. 158. Effective January 1, 2003.) - 30231. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Notice of Hearing on Formation [30230 - 30232] ( Chapter 2 added by Stats. 1949, Ch. 274. )
The hearing notice for a county water district formation petition must include specified petition details, the board meeting time, and a statement that interested persons may appear and be heard.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Notice of Hearing on Formation [30230 - 30232] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30231. The notice of the hearing on the formation petition shall contain all of the following: (a) The text of the petition, which need be set forth only once even though contained upon more than one instrument. (b) The number of signers of the petition. (c) At least five of the names attached to the petition. (d) The time of the meeting of the board of supervisors at which the petition will be presented and considered. (e) A statement that all persons interested may then appear and be heard. (Added by Stats. 1949, Ch. 274.) - 30232. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Notice of Hearing on Formation [30230 - 30232] ( Chapter 2 added by Stats. 1949, Ch. 274. )
Defects in the petition or notice, including missing signatures, do not invalidate the proceedings if enough qualified signatures are attached to the petition.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 2. Notice of Hearing on Formation [30230 - 30232] ( Chapter 2 added by Stats. 1949, Ch. 274. ) ## 30232. No defect in the contents of the petition, the title to or form of the notice, signatures, or lack of signatures thereto shall vitiate the proceedings if the petition has a sufficient number of qualified signatures attached thereto. (Added by Stats. 1949, Ch. 274.) - 30260. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. Hearing on Formation [30260 - 30265] ( Chapter 3 added by Stats. 1949, Ch. 274. )
A formation petition must be presented and considered at a regular meeting of the county board of supervisors for the county where the proposed district is located.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. Hearing on Formation [30260 - 30265] ( Chapter 3 added by Stats. 1949, Ch. 274. ) ## 30260. The formation petition shall be presented and considered at a regular meeting of the board of supervisors of the county in which the proposed district is situated. (Added by Stats. 1949, Ch. 274.) - 30261. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. Hearing on Formation [30260 - 30265] ( Chapter 3 added by Stats. 1949, Ch. 274. )
The board of supervisors must hear the formation petition, the people appearing on it, and any timely written protests.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. Hearing on Formation [30260 - 30265] ( Chapter 3 added by Stats. 1949, Ch. 274. ) ## 30261. At the time stated in the notice of the hearing on the formation petition for its consideration the board of supervisors shall hear the petition and those appearing thereon together with any written protests filed with the clerk of the board prior to the hearing by or on behalf of owners of taxable property situated within the proposed district. (Added by Stats. 1949, Ch. 274.) - 30262. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. Hearing on Formation [30260 - 30265] ( Chapter 3 added by Stats. 1949, Ch. 274. )
The board of supervisors may adjourn the hearing, but only for a total of up to four weeks.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. Hearing on Formation [30260 - 30265] ( Chapter 3 added by Stats. 1949, Ch. 274. ) ## 30262. The board of supervisors may adjourn the hearing from time to time, not exceeding four weeks in all. (Added by Stats. 1949, Ch. 274.) - 30263. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. Hearing on Formation [30260 - 30265] ( Chapter 3 added by Stats. 1949, Ch. 274. )
When a petition hearing is held, the board of supervisors must decide whether the petition complies with this part and hear relevant testimony for or against it.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. Hearing on Formation [30260 - 30265] ( Chapter 3 added by Stats. 1949, Ch. 274. ) ## 30263. Upon the hearing of the petition the board of supervisors shall determine whether or not the petition complies with this part and for that purpose shall hear all competent and relevant testimony offered in support of or in opposition thereto. The determination shall be entered upon the minutes of the board of supervisors. (Added by Stats. 1949, Ch. 274.) - 30264. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. Hearing on Formation [30260 - 30265] ( Chapter 3 added by Stats. 1949, Ch. 274. )
At the final hearing, the board of supervisors must adjust and describe the proposed district boundaries, must not exclude benefited petition land, and must not include land that the board judges will not be benefited; it may include other benefited land on application.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. Hearing on Formation [30260 - 30265] ( Chapter 3 added by Stats. 1949, Ch. 274. ) ## 30264. On the final hearing the board of supervisors shall make changes in the proposed boundaries of the proposed district as may be deemed advisable and shall describe the boundaries of the proposed district. In doing this: (a) No land included in the proposed district in the petition which will be benefited by the proposed district shall be excluded. (b) No land which will not in the judgment of the board be benefited by the district shall be included. (c) Upon the application of any person whose land was not included in the petition but whose land will be benefited by the proposed district, the land may in the discretion of the board be included. (Added by Stats. 1949, Ch. 274.) - 30264.1. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. Hearing on Formation [30260 - 30265] ( Chapter 3 added by Stats. 1949, Ch. 274. )
At the final hearing, the board of supervisors may dismiss the petition and end the proceedings if it finds the proposed district is not in the public interest; if it finds the district is in the public interest, it must call an election in the proposed district.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. Hearing on Formation [30260 - 30265] ( Chapter 3 added by Stats. 1949, Ch. 274. ) ## 30264.1. If the board of supervisors at its final hearing determines and finds, for good cause on reasons specified in writing, from the evidence taken at the hearing that the proposed district as its boundaries are described in the petition or as changed by the board is not in the public interest, it may dismiss the petition and terminate the proceedings, but if the board determines and finds that the proposed district is in the public interest it shall call an election to be held in the proposed district for the purpose of determining whether or not the district shall be organized. (Added by Stats. 1961, Ch. 1343.) - 30265. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. Hearing on Formation [30260 - 30265] ( Chapter 3 added by Stats. 1949, Ch. 274. )
A board of supervisors’ finding that the petition and notice are genuine and sufficient is conclusive, except that the State may challenge it through the Attorney General within one year after the order forming the district.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 3. Hearing on Formation [30260 - 30265] ( Chapter 3 added by Stats. 1949, Ch. 274. ) ## 30265. A finding of the board of supervisors in favor of the genuineness and sufficiency of the petition and notice shall be conclusive against all persons except the State upon suit by the Attorney General commenced within one year after the order of the board of supervisors declaring the district formed. (Added by Stats. 1949, Ch. 274.) - 30290. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. )
If the board of supervisors determines an election should be held, it must call the election and give notice of it in the proposed district.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. ) ## 30290. If it determines that an election should be held, the board of supervisors shall call and give notice of the election to be held in the proposed district for the purpose of determining whether or not it shall be formed. (Amended by Stats. 1961, Ch. 1343.) - 30291. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. )
The election must be held on the next established election date that is at least 74 days after the final hearing on the formation petition.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. ) ## 30291. The election shall be held on the next established election date not less than 74 days from the date of the final hearing on the formation petition. (Amended by Stats. 1973, Ch. 1146.) - 30292. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. )
The notice for a county water district formation election must include specified information about the election, the proposed district, and the first directors.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. ) ## 30292. The notice of the formation election shall contain: (a) The date of the election. (b) A description of the boundaries of the proposed district. (c) The name of the proposed district, which name shall contain the words “County Water District.” (d) A statement that the first directors will be elected at that election, who will take office if the district is formed. (Amended by Stats. 1949, Ch. 284.) - 30293. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. )
The county clerk must publish the formation-election notice once a week for at least two weeks before the election in one to three county newspapers.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. ) ## 30293. The county clerk shall publish the notice once a week for at least two weeks prior to the formation election in at least one, but not to exceed three, newspapers printed and published in the county. (Added by Stats. 1949, Ch. 274.) - 30293.1. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. )
After a district formation election is called, the calling legislative body must send written notice within five days; the executive officer must prepare and submit an impartial analysis within five days after notice; and the commission must approve or modify that analysis within five days after receiving it.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. ) ## 30293.1. Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. Such written notice shall include the name and a description of the proposed district, and may be in the form of a certified copy of the resolution adopted by the legislative body calling the district formation election. The executive officer, within five days after being notified that a district formation election has been called, shall submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation. The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed. The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election. (Added by Stats. 1970, Ch. 736.) - 30293.2. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. )
Certain local election participants may file a written argument for or against the proposed district formation.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. ) ## 30293.2. 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 to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation. Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election. (Added by Stats. 1970, Ch. 736.) - 30293.3. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. )
If multiple arguments for or against the proposed district formation are filed on time, election officials must choose one argument to print and distribute to voters.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. ) ## 30293.3. 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 prescribed, such election officials shall select one of the arguments for printing and distribution to the voters. In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following: (a) The board of supervisors or any member or members of the board authorized by the board. (b) Individual voters or bona fide associations of citizens or a combination of such voters and associations. (Added by Stats. 1970, Ch. 736.) - 30293.4. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. )
Election officials must print and mail a ballot pamphlet about the district formation proposition to eligible voters, and the pamphlet must include specific materials in a set order.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. ) ## 30293.4. 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 mailed to each voter entitled to vote on the district formation question. The ballot pamphlet shall contain the following in the order prescribed: (a) The complete text of the proposition. (b) The impartial analysis of the proposition prepared by the local agency formation commission. (c) The argument for the proposed district formation. (d) The argument against the proposed district formation. The elections officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 234. Effective January 1, 1995.) - 30294. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. )
At the formation election, the formation proposition must be put to voters, and the first directors for the proposed district must be elected.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. ) ## 30294. At the formation election: (a) The measure “Shall the proposition to form _______ County Water District under the County Water District Law be adopted?” shall be submitted. (b) The first directors for the proposed district shall be elected. (Amended by Stats. 1949, Ch. 284.) - 30295. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. )
The election, vote count, and declaration of results must follow the rules for general water district elections, unless this chapter provides otherwise, and directors are to be nominated and voted for as nearly as possible under Part 4.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. ) ## 30295. The election thereupon shall be conducted, the vote canvassed, and the result declared in the same manner as provided by law in respect to general water district elections so far as applicable except as in this chapter otherwise provided and except that directors shall be nominated and voted for as nearly as may be as provided in Part 4 of this division. (Amended by Stats. 1949, Ch. 284.) - 30296. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. )
The board of supervisors must canvass the vote at the next regular meeting that is at least five days after the election.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. ) ## 30296. The vote shall be canvassed by the board of supervisors at the next regular meeting which is five or more days after the election. (Amended by Stats. 1955, Ch. 747.) - 30297. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. )
If the vote is not a majority in each affected municipal corporation or territory, the proposed district is not formed.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 4. Election on Formation [30290 - 30297] ( Chapter 4 added by Stats. 1949, Ch. 274. ) ## 30297. In case less than a majority of the votes cast in each municipal corporation or part thereof or in the unincorporated territory included in the proposed district are in favor of the measure, the formation fails but without prejudice to renewing proceedings at any time in the future. (Added by Stats. 1949, Ch. 274.) - 303. Verify source ↗
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2.5. Miscellaneous Powers of Department [205 - 347] ( Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## ARTICLE 4. Waste from Artesian Wells [300 - 311] ( Article 4 enacted by Stats. 1943, Ch. 368. )
This section says artesian water may run into an artificial pond or storage reservoir if it is used afterward for a beneficial use.
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2.5. Miscellaneous Powers of Department [205 - 347] ( Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## ARTICLE 4. Waste from Artesian Wells [300 - 311] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 303. Nothing in this article prevents the running of artesian water into an artificial pond or storage-reservoir, if the water is used thereafter for a beneficial use. (Enacted by Stats. 1943, Ch. 368.) - 30320. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 5. Establishment of District [30320 - 30325] ( Chapter 5 added by Stats. 1949, Ch. 274. )
If voters in each affected area favor formation, the board of supervisors must declare the proposed territory formed as a district under the chosen name.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 5. Establishment of District [30320 - 30325] ( Chapter 5 added by Stats. 1949, Ch. 274. ) ## 30320. If a majority of the votes cast at the election in each municipal corporation or part thereof and in the unincorporated territory included in the proposed district is in favor of forming the district, the board of supervisors shall by an order entered on its minutes declare the territory formed as a district under the name designated for it. (Added by Stats. 1949, Ch. 274.) - 30321. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 5. Establishment of District [30320 - 30325] ( Chapter 5 added by Stats. 1949, Ch. 274. )
The county clerk must immediately record a certificate stating that the district’s formation was approved by the voters.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 5. Establishment of District [30320 - 30325] ( Chapter 5 added by Stats. 1949, Ch. 274. ) ## 30321. The county clerk shall immediately cause to be recorded in the office of the county recorder of the county in which the district is situated a certificate stating that the formation of the district was approved by the voters. (Amended by Stats. 1963, Ch. 457.) - 30321.5. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 5. Establishment of District [30320 - 30325] ( Chapter 5 added by Stats. 1949, Ch. 274. )
The county clerk must immediately file a certificate with the county assessor and the State Board of Equalization listing the district’s name, formation date, location, and boundary map or plat.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 5. Establishment of District [30320 - 30325] ( Chapter 5 added by Stats. 1949, Ch. 274. ) ## 30321.5. The county clerk shall immediately cause to be filed with the county assessor and the State Board of Equalization a certificate listing all of the following: (a) The name of the district. (b) The date of the order declaring the district formed. (c) The county or counties in which the district is located, and a map or plat indicating the boundaries established for the district as required by Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code. If the order declaring the district formed contains all of the information required to be in the certificate, the county clerk may cause a copy of the order to be filed in lieu of the certificate. (Amended by Stats. 1998, Ch. 829, Sec. 59. Effective January 1, 1999.) - 30322. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 5. Establishment of District [30320 - 30325] ( Chapter 5 added by Stats. 1949, Ch. 274. )
The district is treated as incorporated when the certificate or the order declaring formation is filed with the county assessor and the State Board of Equalization.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 5. Establishment of District [30320 - 30325] ( Chapter 5 added by Stats. 1949, Ch. 274. ) ## 30322. The district shall have been duly incorporated upon the filing of the certificate or a copy of the order declaring the district formed with the county assessor and the State Board of Equalization. (Amended by Stats. 1998, Ch. 829, Sec. 60. Effective January 1, 1999.) - 30323. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 5. Establishment of District [30320 - 30325] ( Chapter 5 added by Stats. 1949, Ch. 274. )
After filing with the county assessor and the State Board of Equalization, the named district becomes incorporated as a county water district.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 5. Establishment of District [30320 - 30325] ( Chapter 5 added by Stats. 1949, Ch. 274. ) ## 30323. From and after the date of the filing with the county assessor and the State Board of Equalization, the district named in the filing is incorporated as a county water district with all the rights, privileges, and powers set forth in this division and necessarily incident to this division. (Amended by Stats. 1998, Ch. 829, Sec. 61. Effective January 1, 1999.) - 30324. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 5. Establishment of District [30320 - 30325] ( Chapter 5 added by Stats. 1949, Ch. 274. )
Informalities in a county water district proceeding do not invalidate incorporation unless they substantially and adversely affect a citizen’s legal rights.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 5. Establishment of District [30320 - 30325] ( Chapter 5 added by Stats. 1949, Ch. 274. ) ## 30324. No informality in any proceeding, including informality in the conduct of any election, not substantially affecting adversely the legal rights of any citizen shall invalidate the incorporation of any county water district. (Added by Stats. 1949, Ch. 274.) - 30325. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 5. Establishment of District [30320 - 30325] ( Chapter 5 added by Stats. 1949, Ch. 274. )
A challenge to a district’s incorporation must be started within three months after the certificate of incorporation is issued.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 2. FORMATION [30200 - 30325] ( Part 2 added by Stats. 1949, Ch. 274. ) ## CHAPTER 5. Establishment of District [30320 - 30325] ( Chapter 5 added by Stats. 1949, Ch. 274. ) ## 30325. Any proceeding wherein the validity of the incorporation of a district is denied shall be commenced within three months from the date of the certificate of incorporation; otherwise the incorporation and legal existence of the district and all proceedings in respect thereto shall be incontestable. (Added by Stats. 1949, Ch. 274.) - 304. Verify source ↗
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2.5. Miscellaneous Powers of Department [205 - 347] ( Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## ARTICLE 4. Waste from Artesian Wells [300 - 311] ( Article 4 enacted by Stats. 1943, Ch. 368. )
A beneficial use may not exceed one tenth of one miner’s inch of water per acre, but the person using the water may accumulate that amount within each year.
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2.5. Miscellaneous Powers of Department [205 - 347] ( Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## ARTICLE 4. Waste from Artesian Wells [300 - 311] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 304. A beneficial use under the next preceding section shall not exceed one tenth of one miner’s inch of water per acre, perpetual flow, but the person using the water may cumulate that amount within any period of each year. (Enacted by Stats. 1943, Ch. 368.) - 305. Verify source ↗
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2.5. Miscellaneous Powers of Department [205 - 347] ( Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## ARTICLE 4. Waste from Artesian Wells [300 - 311] ( Article 4 enacted by Stats. 1943, Ch. 368. )
An artesian well that is not capped or fitted with a mechanical device to stop water flow is a public nuisance.
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2.5. Miscellaneous Powers of Department [205 - 347] ( Heading of Chapter 2.5 added by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## ARTICLE 4. Waste from Artesian Wells [300 - 311] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 305. Any artesian well which is not capped or equipped with a mechanical appliance which will readily and effectively arrest and prevent the flow of any water from the well is a public nuisance. (Enacted by Stats. 1943, Ch. 368.) - 30500. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. )
Each district must have a board of five directors, and each director must be a voter of the district.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. ) ## 30500. Each district shall have a board of five directors each of whom, whether elected or appointed, shall be a voter of the district. (Added by Stats. 1949, Ch. 274.) - 30500.1. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. )
The local agency formation commission may set a consolidated or reorganized county water district board at 7, 9, or 11 directors, and the board may later leave a vacancy unfilled in limited circumstances.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. ) ## 30500.1. (a) Notwithstanding Section 30500, the local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more districts into a single county water district may, pursuant to subdivisions (k) and (n) of Section 56886 of the Government Code, increase the number of directors to serve on the board of directors of the consolidated or reorganized district to 7, 9, or 11, who shall be members of the board of directors of the districts to be consolidated or reorganized as of the effective date of the consolidation or reorganization. (b) Upon the expiration of the terms of the members of the board of directors of the consolidated district, or a district reorganized as described in subdivision (a), whose terms first expire following the effective date of the consolidation or reorganization, the total number of members on the board of directors shall be reduced until the number equals the number of members permitted by the principal act of the consolidated or reorganized district, or any larger number as may be specified by the local agency formation commission in approving the consolidation or reorganization. (c) In addition to the powers granted under Section 1780 of the Government Code, in the event of a vacancy on the board of directors of the consolidated district or a district reorganized as described in subdivision (a) at which time the total number of directors is greater than five, the board of directors may, by majority vote of the remaining members of the board, choose not to fill the vacancy. In that event, the total membership of the board of directors shall be reduced by one board member. Upon making the determination not to fill a vacancy, the board of directors shall notify the board of supervisors of its decision. (d) For the purposes of this section: “consolidation” means consolidation, as defined in Section 56030 of the Government Code; “district” or “special district” means district or special district, as defined in Section 56036 of the Government Code; and “reorganization” means reorganization, as defined in Section 56073 of the Government Code. (Amended by Stats. 2006, Ch. 172, Sec. 17. Effective January 1, 2007.) - 30500.3. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. )
The board must adopt a resolution reducing the number of directors from five to three if it receives a qualifying petition at least 85 days before a general district election.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. ) ## 30500.3. Notwithstanding Section 30500, the Board of Directors of the Sawyers Bar County Water District shall adopt a resolution ordering the reduction in the number of directors from five to three if, at least 85 days before a general district election, the board receives a petition that requests that reduction and a majority of the voters in the district has signed that petition. (Added by Stats. 2001, Ch. 176, Sec. 54. Effective January 1, 2002.) - 30501. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. )
The first directors elected when the district is formed must hold office under Section 10505 of the Elections Code.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. ) ## 30501. The directors first elected upon the formation of the district shall hold office pursuant to Section 10505 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 235. Effective January 1, 1995.) - 30502. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. )
Most county water district directors serve a four-year term.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. ) ## 30502. The term of office of each director other than directors first elected or directors appointed to fill an unexpired term shall be four years. (Amended by Stats. 1953, Ch. 1565.) - 30503. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. )
If an elected person fails to qualify, the office is filled as if there were a vacancy.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. ) ## 30503. If a person elected fails to qualify, the office shall be filled as if there were a vacancy in the office. (Added by Stats. 1949, Ch. 274.) - 30504. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. )
Vacancies in the office of director must be filled under Government Code Section 1780.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. ) ## 30504. All vacancies occurring in the office of director shall be filled pursuant to Section 1780 of the Government Code. (Amended by Stats. 1975, Ch. 1059.) - 30506. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. )
Each elected or appointed director must remain in office until a successor qualifies.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. ) ## 30506. Each director elected or appointed shall hold office until his successor qualifies. (Added by Stats. 1949, Ch. 274.) - 30507. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. )
Each director is entitled to compensation of up to $100 per day, capped at six paid days per calendar month, plus reimbursable expenses tied to board-authorized or required duties.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. ) ## 30507. Each director shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day’s attendance at meetings of the board or for each day’s service rendered as a director by request of the board, not exceeding a total of six days in any calendar month, together with any expenses incurred in the performance of his or her duties required or authorized by the board. For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. (Amended by Stats. 2005, Ch. 700, Sec. 30. Effective January 1, 2006.) - 30507.1. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. )
Each Contra Costa Water District director is entitled to compensation up to $100 per day for board meetings or board-requested service, capped at 10 days per calendar month, plus reimbursable expenses.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. ) ## 30507.1. Each director of the Contra Costa Water District shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day’s attendance at meetings of the board and for each day’s service rendered as a director by request of the board, not exceeding a total of 10 days in any calendar month, together with any expenses incurred in the performance of duties required or authorized by the board. For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. (Amended by Stats. 2005, Ch. 700, Sec. 31. Effective January 1, 2006.) - 30508. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. )
If a director’s residence moves outside the district or the elected division, and the director does not reestablish residence within 180 days, the law presumes a permanent change of residence and a board vacancy.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. ) ## 30508. If a director’s place of residence, as defined in Section 244 of the Government Code, is moved outside district boundaries or outside the boundaries of that director’s division where elected from a division, and if within 180 days of the move or of the effective date of this section the director fails to reestablish a place of residence within the district or within the director’s division, it shall be presumed that a permanent change of residence has occurred and that a vacancy exists on the board of directors pursuant to Section 1770 of the Government Code. (Added by Stats. 1983, Ch. 571, Sec. 1.) - 30509. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. )
Each director must take and subscribe the official oath and file it with the secretary before starting the duties of office.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. ) ## 30509. Before entering upon the duties of his office each director shall take and subscribe the official oath and file it with the secretary. (Added by Stats. 1949, Ch. 274.) - 30510. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. )
An oath of office may be taken before the secretary, any board member, or any officer authorized by law to administer oaths.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. ) ## 30510. The oath of office may be taken before the secretary, any member of the board of directors, or any officer authorized by law to administer oaths. (Added by Stats. 1949, Ch. 274.) - 30511. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. )
Board members of certain county water districts in Pleasant Valley, Ventura County must be district voters or landowners in the district.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. ) ## 30511. In a county water district formed to include all or part of Pleasant Valley, Ventura County, each member of the board of directors, whether elected or appointed, shall be either a voter of the district or an owner of land within the district. The provisions of this section shall apply only to the board of directors of a county water district formed in all or part of Pleasant Valley, Ventura County. These special provisions are necessary for reasons similar to those expressed in Section 30205. (Added by Stats. 1955, Ch. 1287.) - 30513. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. )
Board members of the Canebrake County Water District in San Diego County must be either district voters or landowners in the district.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. ) ## 30513. Notwithstanding Section 30500 or any other provision of this division, each member of the board of directors of the Canebrake County Water District in San Diego County, whether elected or appointed, shall be either a voter of the district or an owner of land within the district. (Added by Stats. 1973, Ch. 179.) - 30514. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. )
If a district had assumed a sanitary district’s responsibilities by July 1, 1977, the board may increase the number of directors to 7, 9, or 11. Extra directors are then elected and classify themselves by lot for their initial terms.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. ) ## 30514. If, on or before July 1, 1977, a district has assumed the responsibilities, rights, duties, assets, liabilities, and obligations of a sanitary district, the board may, and from time to time thereafter may, increase the number of directors to serve thereon to seven, nine or eleven. The additional directors shall be elected at the next general district election or at a special election called for that purpose. One-half of the additional directors shall hold office until the election and qualification of their successors at the first succeeding general district election, and the other one-half of the additional directors shall hold office until the election and qualification of their successors at the second succeeding general district election. The additional directors shall classify themselves by lot to determine their initial terms of office. Thereafter, they shall hold office for the term provided in Section 30502. (Amended by Stats. 1994, Ch. 939, Sec. 24. Effective September 28, 1994. Operative January 1, 1995, by Sec. 29 of Ch. 939.) - 30516. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. )
If specified districts are reorganized into one district, the new board starts with 10 members, then drops to 7 and later 5 as terms expire. The board may leave a vacancy unfilled by majority vote when the board has more than five directors, and must notify the board of supervisors if it does.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 1. Directors [30500 - 30516] ( Article 1 added by Stats. 1949, Ch. 274. ) ## 30516. (a) If the Orange County local agency formation commission orders the reorganization of the Capistrano Beach County Water District and the Capistrano Beach Sanitary District into a single district, the board of directors of the reorganized district shall, notwithstanding Section 30500 or any other provision of law, initially consist of 10 members, who shall be the combined boards of directors of the two districts as of the effective date of the reorganization. (b) Upon the expiration of the terms of the members of the board of directors of the reorganized district whose terms first expire following the effective date of the reorganization, the total number of members on the board of directors shall be reduced to seven members. Upon the expiration of the succeeding terms of the members of the board of directors of the reorganized district, the total number of members of the board of directors shall be reduced to five members. (c) In addition to the powers granted under Section 1780 of the Government Code, in the event of a vacancy on the board of directors of the reorganized district at which time the total number of directors is greater than five, the board of directors may, by majority vote of the remaining members of the board, choose not to fill the vacancy. In that event the total membership of the board of directors shall be reduced by one board member. Upon making the determination not to fill a vacancy, the board of directors shall notify the board of supervisors of its decision. (Added by Stats. 1994, Ch. 939, Sec. 25. Effective September 28, 1994. Operative January 1, 1995, by Sec. 29 of Ch. 939.) - 30520. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. )
The directors must meet within 30 days after the first directors are elected, and later within 30 days after taking office under the Elections Code. At that meeting, they must choose a president and may choose a vice president.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. ) ## 30520. Within 30 days after the election of the first directors and thereafter within 30 days after taking office pursuant to Section 10554 of the Elections Code the directors shall meet and shall elect one of their number president and may elect one of their number vice president. (Amended by Stats. 1994, Ch. 923, Sec. 236. Effective January 1, 1995.) - 30521. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. )
The board must set the time and place of its regular meetings and decide how special meetings are called.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. ) ## 30521. The board shall: (a) Provide for the time and place of holding its regular meetings. (b) Provide for the manner of calling special meetings. (Amended by Stats. 1968, Ch. 299.) - 30522. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. )
At its organization meeting, the board may transact any district business.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. ) ## 30522. At its organization meeting the board may transact any business of the district. (Added by Stats. 1949, Ch. 274.) - 30523. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. )
The board may act only through an ordinance, resolution, or motion.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. ) ## 30523. The board shall act only by ordinance, resolution, or motion. (Added by Stats. 1949, Ch. 274.) - 30524. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. )
A majority of the board is enough to make a quorum for doing business.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. ) ## 30524. A majority of the board shall constitute a quorum for the transaction of business. (Added by Stats. 1949, Ch. 274.) - 30525. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. )
An ordinance, resolution, or motion cannot be passed or take effect unless at least a majority of the board members vote affirmatively.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. ) ## 30525. No ordinance, resolution, or motion shall be passed or become effective without the affirmative votes of at least a majority of the members of the board. (Added by Stats. 1949, Ch. 274.) - 30525.5. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. )
A district may destroy a record if it follows Chapter 7 of Division 1 of Title 6 of the Government Code.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. ) ## 30525.5. A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code. (Added by Stats. 2005, Ch. 158, Sec. 38. Effective January 1, 2006.) - 30526. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. )
The board must record the ayes and noes for ordinances, resolutions, and motions, unless the action is taken by unanimous vote of all directors present and voting.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. ) ## 30526. Except where action is taken by the unanimous vote of all directors present and voting, the ayes and noes shall be taken upon the passage of all ordinances, resolutions, or motions and entered upon the minutes of the board. (Added by Stats. 1949, Ch. 274.) - 30527. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. )
The board must use a specified enacting clause in all ordinances it passes.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. ) ## 30527. The enacting clause of all ordinances passed by the board shall be: “Be it ordained by the board of directors of __________ County Water District as follows:” (Added by Stats. 1949, Ch. 274.) - 30528. Verify source ↗
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. )
All ordinances must be signed by the president and attested by the secretary.
## Water Code - WAT ## DIVISION 12. COUNTY WATER DISTRICTS [30000 - 33901] ( Division 12 added by Stats. 1949, Ch. 274. ) ## PART 3. INTERNAL ORGANIZATION [30500 - 30586] ( Part 3 added by Stats. 1949, Ch. 274. ) ## CHAPTER 1. Officers and Employees Generally [30500 - 30547] ( Chapter 1 added by Stats. 1949, Ch. 274. ) ## ARTICLE 2. The Board [30520 - 30530] ( Article 2 added by Stats. 1949, Ch. 274. ) ## 30528. All ordinances shall be signed by the president and attested by the secretary. (Added by Stats. 1949, Ch. 274.)
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