Water Code
Part 24 of 51 · provisions 4,601–4,800
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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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- 35520.42. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. )
Zones may be established within the drainage service area to set assessment rates based on the benefits each zone receives from services to the land.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. ) ## 35520.42. In addition to and as an alternative to all other powers contained in this chapter with respect to provision of funds for the purpose of the care, operation, management, and improvement of a project or projects undertaken under the authority of this chapter, including the payment of salaries of officers and employees and all other expenses, and for the payment of principal of and interest on any bonds issued under this chapter, zones may be established within the drainage service area for the purpose of fixing rates of assessment in accordance with the extent of benefits derived, or to be derived, by each zone from services to the land in each zone arising from the service area’s plan of works or any separately identifiable part thereof. (Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.) - 35520.43. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. )
The board must adopt a resolution, give public notice, hold a hearing, and then decide the benefit zones and percentages.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. ) ## 35520.43. No zone shall be established or varying rates of assessment fixed under Section 35520.42, unless the board, by resolution, declares that it intends to do so and that a public hearing will be held thereon at a specified time and place where all interested persons may appear and be heard. Notice of the hearing shall be given by publishing a copy of the resolution in a newspaper of general circulation, published in each affected county, pursuant to Section 6066 of the Government Code, the first publication to be at least 14 days prior to the time fixed for the hearing. A copy of the resolution shall be mailed, postage prepaid, to each holder of title to land within the drainage service area as shown upon the last equalized assessment book of the distict at least 15 days prior to the time fixed for the hearing. Any error, omission, or mistake in the mailing, or any failure of any person to receive a copy, shall not invalidate the proceedings pursuant to this section. The hearing may be adjourned from time to time at the discretion of the board, and, at its conclusion, the board shall determine the zones of benefit established, if any, the share of benefits received by each zone arising from the district’s operation, expressed as a percentage, the criteria for establishing each zone, and the percentage expressed. A map of the drainage service area in such detail as to delineate the geographical area of each zone shall be a part of the resolution. The zones and the percentages may be amended from time to time or abolished in the same manner required for original adoption. (Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.) - 35520.44. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. )
The board must adopt an annual resolution estimating the money needed for the drainage service area, hold and notice a public hearing, mail the resolution to land title holders, and then levy the assessment by zone.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. ) ## 35520.44. The board annually, concurrently with the making of the estimate required by Section 36552, shall adopt a resolution setting forth an estimate of the amount of money needed for the purposes of the drainage service area for the next fiscal year. The amount shall be sufficient to raise interest accruing and principal maturing during the fiscal year on outstanding bonds of the district issued for the drainage service area, incidental expenses of the service area, and the cost of the care, operation, management, or improvement of the works of the drainage service area, or that part of the costs as the board determines is to be raised by assessment. The amount of the assessment to be borne by each zone shall be computed by multiplying the total amount to be raised by assessment by the percentage of benefits accruing to each zone as declared by the board. In the resolution to be adopted pursuant to this section, the board shall provide for a public hearing upon the assessment to be levied and shall specify a time and place when all interested persons may appear and be heard. Notice of the hearing shall be given by publishing a copy of the resolution in a newspaper of general circulation, published in each affected county, pursuant to Section 6066 of the Government Code, the first publication to be at least 14 days prior to the time fixed for the hearing. A copy of the resolution shall be mailed, postage prepaid, to each holder of title to land within title within the drainage service area as shown upon the last equalized assessment book of the district. Any error, omission, or mistake in the mailing, or any failure of any person to receive a copy, shall not invalidate the proceedings pursuant to this section. The hearing may be adjourned from time to time at the discretion of the board, and, at its conclusion, the board shall, by resolution, levy an assessment upon all lands within each zone sufficient to raise the amount stated in the estimate of the board as revised, if revised, at the hearing. Assessments made within each zone of benefit established pursuant to this chapter shall be levied on all lands within the zone of benefit on an acreage basis. (Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.) - 35520.45. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. )
The secretary must send certified copies of the assessment resolution to specified district officers, and the district assessor must calculate and record the assessment amounts for the affected parcels.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. ) ## 35520.45. The secretary shall deliver certified copies of the resolution levying the assessment pursuant to Section 35520.44, one to the district assessor, one to the district tax collector, and one to the district treasurer. The district assessor, upon receipt of a certified copy of the resolution, shall compute the amount to be collected from each parcel of land in separate ownership in the affected drainage service area and shall enter in a separate space in the district’s assessment book entitled “Drainage Service Area No. ____ Annual Assessment,” the sums, in dollars and cents, to be collected against the respective parcels of land. (Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.) - 35520.46. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. )
The district may use assessment proceeds to pay lawful district obligations tied to care, operation, or management of its works for the assessed drainage service area.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. ) ## 35520.46. Proceeds from assessments levied pursuant to this chapter may be used to pay any lawful obligation of the district incurred in the care, operation, or management of the works of the district for the drainage service area for which the assessment is levied. (Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.) - 35520.5. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. )
The powers and procedures in Section 35520.3 include whatever is necessary, useful, or desirable to carry out this chapter.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. ) ## 35520.5. The powers and procedures referred to in Section 35520.3 shall include all powers or procedures necessary, useful, or desirable to carry out the powers and purposes of this chapter. (Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.) - 35520.6. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. )
The board may issue bonds secured by benefit assessments and, if it does, must define a drainage service area and give it the required name.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. ) ## 35520.6. Notwithstanding any other provision of this division, the board may determine to issue bonds secured by benefit assessments, in which event the board shall define and determine a drainage service area which may be the entire district or any lesser portion thereof that will be benefited by the project. The service area shall be designated “Drainage Service Area No. ____ of ____ Water District.” The service area may be subdivided by the board into separate zones or subareas that benefit solely from separate components of the total project. (Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.) - 35520.7. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. )
If the board decides to issue bonds secured by benefit assessments, it must hire a civil engineer by resolution, and that engineer must not have any direct or indirect interest in land in the district.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. ) ## 35520.7. When the board has determined to issue bonds secured by benefit assessments, it shall, by resolution, employ a civil engineer, who shall have no interest, directly or indirectly, in any land in the district, to apportion the cost of the plan, to which shall be added the compensation to be paid the engineer, in accordance with benefit to each tract of land within the service area held in separate ownership. (Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.) - 35520.8. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. )
After cost apportionment, the engineer must prepare and certify an assessment roll to the board.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. ) ## 35520.8. Upon completion of the apportionment of costs, the engineer shall prepare and certify to the board an assessment roll which shall contain all of the following: (a) A description of the service area to be benefited by the plan and of any zones or subareas into which the service area has been divided. (b) A description of each tract held in separate ownership by legal subdivision, governmental survey, or other boundary sufficient to identify it. If any area composed of more than one tract held in separate ownership is not assessed because the lands therein will not be benefited by the expenditure of the funds to be raised by the assessment, a description of the area as a whole without a description of each tract is sufficient. (c) The number of acres in each tract. (d) The name and address of the owner of each tract, if known, and if unknown, that fact. No mistake or error in the name of the owner of the property assessed and no mistake in any other particular shall render the assessment invalid. (e) The rate per acre of the assessment upon each tract assessed, or if no assessment is made upon any tract or area composed of more than one tract, a statement of that fact. (f) The total amount of the assessment as computed. (Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.) - 35520.9. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. )
When the roll is completed, the engineer must attach a detailed written report, certify the roll, and file it with the board.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.2. Provisions Pertaining Only to the Lost Hills Water District [35520 - 35520.46] ( Chapter 2.2 added by Stats. 1983, Ch. 57, Sec. 1. ) ## 35520.9. When completed, the roll, which shall be accompanied by the written report of the engineer setting out with particularity the exact nature and quantum of the benefits assessed, apportioned, and allocated to each tract of land in the service area with respect to each separable component of the proposed project, shall be certified by the engineer and filed with the board. (Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.) - 35521. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.3. Provisions Pertaining Only to the Hot Spring Valley Water District [35521- 35521.] ( Chapter 2.3 added by Stats. 2008, Ch. 615, Sec. 1. )
The former irrigation district is dissolved and a new water district is formed, with its assets, obligations, and voting rules carried over.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.3. Provisions Pertaining Only to the Hot Spring Valley Water District [35521- 35521.] ( Chapter 2.3 added by Stats. 2008, Ch. 615, Sec. 1. ) ## 35521. (a) Notwithstanding any other provision of law, the Hot Spring Valley Irrigation District in the County of Modoc is dissolved, and the Hot Spring Valley Water District is hereby formed in that county. (b) The Hot Spring Valley Water District is declared to be, and shall be deemed, a water district as if the district had been formed pursuant to this division. The exterior boundary of the Hot Spring Valley Water District shall be the exterior boundary of the former Hot Spring Valley Irrigation District. (c) The Hot Spring Valley Water District succeeds to, and is vested with, all of the powers, duties, responsibilities, obligations, liabilities, and jurisdiction of the former Hot Spring Valley Irrigation District. (d) The status, position, and rights of any officer or employee of the former Hot Spring Valley Irrigation District shall not be affected by the transfer and shall be retained by the person as an officer or employee of the Hot Spring Valley Water District. (e) The Hot Spring Valley Water District shall have ownership, possession, and control of all of the books, records, papers, offices, equipment, supplies, moneys, funds, appropriations, licenses, permits, entitlements, agreements, contracts, claims, judgments, land, and other assets and property, real or personal, owned or leased by, connected with the administration of, or held for the benefit or use of the former Hot Spring Valley Irrigation District. (f) The unexpended balance of any funds available for use by the former Hot Spring Valley Irrigation District shall be available for use by the Hot Spring Valley Water District. (g) No payment for the use, or right of use, of any property, real or personal, acquired or constructed by the former Hot Spring Valley Irrigation District shall be required by reason of the succession pursuant to this act, nor shall any payment for the Hot Spring Valley Water District’s acquisition of the powers, duties, responsibilities, obligations, liabilities, and jurisdiction be required by reason of that succession. (h) All ordinances, rules, and regulations adopted by the former Hot Spring Valley Irrigation District in effect immediately preceding January 1, 2009, shall remain in effect and shall be fully enforceable unless readopted, amended, or repealed by the Hot Spring Valley Water District, or until they expire by their own terms. Any statute, law, rule, or regulation now in force, or that may hereafter be enacted or adopted with reference to the former Hot Spring Valley Irrigation District, shall mean the Hot Spring Valley Water District. (i) Any action by or against the former Hot Spring Valley Irrigation District shall not abate, but shall continue in the name of the Hot Spring Valley Water District, and the Hot Spring Valley Water District shall be substituted for the former Hot Spring Valley Irrigation District by the court in which the action is pending. The substitution shall not in any way affect the rights of the parties to the action. (j) No contract, lease, license, permit, entitlement, bond, or any other agreement to which the former Hot Spring Valley Irrigation District is a party shall be void or voidable by reason of this act, but shall continue in effect, with the Hot Spring Valley Water District assuming all of the rights, obligations, liabilities, and duties of the former Hot Spring Valley Irrigation District. Bonds issued by the former Hot Spring Valley Irrigation District shall become the indebtedness of the Hot Spring Valley Water District. Any continuing obligations or responsibilities of the former Hot Spring Valley Irrigation District for managing and maintaining bond issuances shall be transferred to the Hot Spring Valley Water District without impairment to any security contained in the bond instrument. (k) (1) Notwithstanding Section 35003, each voter, as defined by Section 34027, of the Hot Spring Valley Water District shall be entitled to cast only one vote, regardless of the value, acreage, or number of parcels of the voter’s land within the district. (2) Voting in the Hot Spring Valley Water District shall be by electoral divisions in accordance with Article 2 (commencing with Section 35025) of Chapter 1 of Part 4. The Hot Spring Valley Water District shall be divided into the same electoral divisions, with the same division boundaries, as those established within the former Hot Spring Valley Irrigation District. Members of the former Hot Spring Valley Irrigation District Board of Directors who are serving on January 1, 2009, may continue to serve the balance of their current terms of office, representing the same electoral divisions, as members of the Board of Directors of the Hot Spring Valley Water District. (Amended by Stats. 2009, Ch. 140, Sec. 182. (AB 1164) Effective January 1, 2010.) - 35523. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.4. Provisions Pertaining Only to the Vandalia Water District [35523- 35523.] ( Chapter 2.4 added by Stats. 2008, Ch. 619, Sec. 1. )
The former Vandalia Irrigation District is dissolved and replaced by the Vandalia Water District, which takes over the former district’s powers, duties, liabilities, assets, and pending matters.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.4. Provisions Pertaining Only to the Vandalia Water District [35523- 35523.] ( Chapter 2.4 added by Stats. 2008, Ch. 619, Sec. 1. ) ## 35523. (a) Notwithstanding any other provision of law, the Vandalia Irrigation District in the County of Tulare is dissolved, and the Vandalia Water District is hereby formed in that county. (b) The Vandalia Water District is declared to be, and shall be deemed, a water district as if the district had been formed pursuant to this division. The exterior boundary of the Vandalia Water District shall be the exterior boundary of the former Vandalia Irrigation District. (c) The Vandalia Water District succeeds to, and is vested with, all of the powers, duties, responsibilities, obligations, liabilities, and jurisdiction of the former Vandalia Irrigation District. (d) The status, position, and rights of any officer or employee of the former Vandalia Irrigation District are not affected by the transfer and shall be retained by the person as an officer or employee of the Vandalia Water District. (e) The Vandalia Water District shall have ownership, possession, and control of all of the books, records, papers, offices, equipment, supplies, moneys, funds, appropriations, licenses, permits, entitlements, agreements, contracts, claims, judgments, land, and other assets and property, real or personal, owned or leased by, connected with the administration of, or held for the benefit or use of, the former Vandalia Irrigation District. (f) The unexpended balance as of January 1, 2009, of any funds available for use by the former Vandalia Irrigation District shall be available for use by the Vandalia Water District. (g) No payment for the use, or right of use, of any property, real or personal, acquired or constructed by the former Vandalia Irrigation District shall be required by reason of the succession pursuant to this act, nor shall any payment for the Vandalia Water District’s acquisition of the powers, duties, responsibilities, obligations, liabilities, and jurisdiction be required by reason of that succession. (h) All ordinances, rules, and regulations adopted by the former Vandalia Irrigation District in effect immediately preceding January 1, 2009, shall remain in effect and shall be fully enforceable unless amended or repealed by the Vandalia Water District, or until they expire by their own terms. Any statute, law, rule, or regulation in force as of December 31, 2008, or that may hereafter be enacted or adopted with reference to the former Vandalia Irrigation District shall mean the Vandalia Water District. (i) Any action by or against the former Vandalia Irrigation District shall not abate, but shall continue in the name of the Vandalia Water District, and the Vandalia Water District shall be substituted for the former Vandalia Irrigation District by the court in which the action is pending. The substitution shall not in any way affect the rights of the parties to the action. (j) No contract, lease, license, permit, entitlement, bond, or any other agreement to which the former Vandalia Irrigation District is a party shall be void or voidable by reason of the enactment of this chapter, but shall continue in effect, with the Vandalia Water District assuming all of the rights, obligations, liabilities, and duties of the former Vandalia Irrigation District. Bonds issued by the former Vandalia Irrigation District shall become the indebtedness of the Vandalia Water District. Any continuing obligations or responsibilities of the former Vandalia Irrigation District for managing and maintaining bond issuances shall be transferred to the Vandalia Water District without impairment to any security contained in the bond instrument. (Added by Stats. 2008, Ch. 619, Sec. 1. Effective January 1, 2009.) - 35525. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 1. Water Distribution [35525 - 35531] ( Heading of Article 1 added by Stats. 1976, Ch. 35. )
This chapter applies only to the named water districts and to improvement districts formed within them.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 1. Water Distribution [35525 - 35531] ( Heading of Article 1 added by Stats. 1976, Ch. 35. ) ## 35525. The provisions of this chapter shall apply only to the Kern Delta Water District, the Cawelo Water District, the Rag Gulch Water District, and the Kern-Tulare Water District as member units of the Kern County Water Agency or to an improvement district formed within the Kern Delta Water District, the Cawelo Water District, the Rag Gulch Water District, or the Kern-Tulare Water District pursuant to the provisions of this division. (Amended by Stats. 1974, Ch. 830.) - 35526. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 1. Water Distribution [35525 - 35531] ( Heading of Article 1 added by Stats. 1976, Ch. 35. )
The district may adopt a water allocation plan, set surface-delivery areas and quantities, enter long-term water service contracts, and provide short-term allocation without further notice and hearing.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 1. Water Distribution [35525 - 35531] ( Heading of Article 1 added by Stats. 1976, Ch. 35. ) ## 35526. In addition to, and as an alternative to, the matters contained in this division regarding apportionment of water, the district may by resolution adopt a plan for water allocation which may include a determination as to what portion of district water will be made available for surface delivery and what portion will be devoted to recharge of ground water, may establish limited areas of the district as the areas in which surface delivery of water service will be made available, the quantity which will be made available to each such surface water service area, and the terms upon which such water service will be made available, and may enter into long-term water service contracts with holders of title to land in such surface water service areas which contracts may provide that the obligations are a lien on the landowners’ land in the nature of, and may be collected and enforced in the manner provided in this division for the collection and enforcement of, assessments. If such a contract does so provide, such lien shall have the same force, effect, and priority as an assessment lien as between the contracting landowner and the district, but unless such contract is recorded in the office of the county recorder in the county in which the land is situated, it shall have no force or effect whatever against any person other than a party to the contract unless such person has actual knowledge of the contract and its contents. Such contracts may be acknowledged or proved, certified and recorded in like manner and with like effect as grants of real property, and all statutory provisions relating to the recording or nonrecordation of conveyances of real property, and to the effect thereof, shall apply to such contracts with like effect. Such plan may further provide for allocation of water available to the district on a short-term basis without further notice and hearing. Such matters shall be determined and established in accordance with equitable criteria providing for the economical and efficient distribution and use of water within the district or available for use upon the lands within the district. (Added by Stats. 1969, Ch. 1085.) - 35527. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 1. Water Distribution [35525 - 35531] ( Heading of Article 1 added by Stats. 1976, Ch. 35. )
A plan adopted under this section may be changed, supplemented, or amended in the same way as the original plan was adopted.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 1. Water Distribution [35525 - 35531] ( Heading of Article 1 added by Stats. 1976, Ch. 35. ) ## 35527. A plan adopted pursuant to the terms hereof may be changed, supplemented or amended in the same manner provided for the adoption of an original plan. (Added by Stats. 1969, Ch. 1085.) - 35528. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 1. Water Distribution [35525 - 35531] ( Heading of Article 1 added by Stats. 1976, Ch. 35. )
Before a plan is adopted, the board must make or have made a report describing the proposed plan.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 1. Water Distribution [35525 - 35531] ( Heading of Article 1 added by Stats. 1976, Ch. 35. ) ## 35528. Before adoption of such a plan the board shall make, or cause to be made, a report setting forth the proposed plan. (Added by Stats. 1969, Ch. 1085.) - 35529. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 1. Water Distribution [35525 - 35531] ( Heading of Article 1 added by Stats. 1976, Ch. 35. )
Before adopting a water distribution plan, the board must pass a resolution stating its intent, where the proposed plan is available, and when and where the hearing will be held.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 1. Water Distribution [35525 - 35531] ( Heading of Article 1 added by Stats. 1976, Ch. 35. ) ## 35529. Before adoption of such a plan the board shall pass a resolution declaring the following: (a) The intention of the board to adopt a plan for distribution and use of water within the district, briefly describing the same. (b) That a copy of the proposed plan is on file at the district office and is open for public inspection. (c) The time and place of hearing by the board in regard to the proposed plan. (Added by Stats. 1969, Ch. 1085.) - 35530. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 1. Water Distribution [35525 - 35531] ( Heading of Article 1 added by Stats. 1976, Ch. 35. )
Before the hearing, notice must be published in a Kern County newspaper and mailed to each landowner of record in the district; the first publication must be at least 14 days before the hearing.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 1. Water Distribution [35525 - 35531] ( Heading of Article 1 added by Stats. 1976, Ch. 35. ) ## 35530. Notice of such hearing shall be given by publishing a copy of the resolution of intention in a newspaper of general circulation published in Kern County, pursuant to Section 6066 of the Government Code, with the first publication to be at least 14 days prior to the time fixed for such hearing, and by mailing a copy of such resolution, postage prepaid, to each holder of title to land within the district at his address as shown upon the last equalized assessment roll of Kern County. Any error, omission or mistake in such mailing, or any failure of any person to receive such copy, shall not invalidate the proceedings pursuant to this chapter. (Added by Stats. 1969, Ch. 1085.) - 35531. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 1. Water Distribution [35525 - 35531] ( Heading of Article 1 added by Stats. 1976, Ch. 35. )
The board must hold the hearing, let interested people be heard, then adopt and publish the water allocation plan by resolution.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 1. Water Distribution [35525 - 35531] ( Heading of Article 1 added by Stats. 1976, Ch. 35. ) ## 35531. At the time and place so fixed, or at any time or place to which the hearing is continued, the board shall hold the hearing provided for by such resolution of intention at which hearing any person interested, including all persons owning land in the district, or improvement district therein, to which the hearing pertains, may appear and be heard concerning any matters set forth in the resolution or any matters material thereto. Upon the conclusion of the hearing the board shall by resolution determine, adopt and declare the plan of water allocation in accordance with the provisions of Section 35526 and the effective date of such plan, and shall cause a copy of such resolution to be published in the manner provided in Section 35530. No other notice shall be required. (Added by Stats. 1969, Ch. 1085.) - 35532. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 2. Powers [35532 - 35538] ( Heading of Article 2 added by Stats. 1976, Ch. 35. )
The district may contract with a private utility to waive certain Public Utilities Code provisions, but those contracts need Public Utilities Commission approval.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 2. Powers [35532 - 35538] ( Heading of Article 2 added by Stats. 1976, Ch. 35. ) ## 35532. The district may contract with any private utility as defined in Sections 1502 and 1506 of the Public Utilities Code, to waive all or any portion of the provisions of Sections 1501 to 1506, inclusive, of the Public Utilities Code. Contracts containing those provisions shall be entered into only upon approval of the Public Utilities Commission. (Amended by Stats. 1992, Ch. 1020, Sec. 31. Effective January 1, 1993.) - 35533. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 2. Powers [35532 - 35538] ( Heading of Article 2 added by Stats. 1976, Ch. 35. )
The district’s board of directors may levy and collect groundwater charges, using the same manner and purposes as the Kern County Water Agency under the cited Act.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 2. Powers [35532 - 35538] ( Heading of Article 2 added by Stats. 1976, Ch. 35. ) ## 35533. The board of directors of the district shall have the power, in addition to, and as an alternative to, the powers enumerated elsewhere in this division, to levy and collect ground water charges for the production of water from the ground water supply within the district which will benefit from the recharge of underground water supplies or the distribution of imported water in the district, such power to be exercised in the same manner and the proceeds therefrom to be used for the same purposes as the Kern County Water Agency may levy, collect and use such charges pursuant to Sections 14.21 to 14.37, inclusive, of the Kern County Water Agency Act. Whenever the district exercises any of the powers conferred on it by this section, the following definitions shall be applicable in construing Sections 14.21 to 14.37, inclusive, of the Kern County Water Agency Act: (a) “Board” as used in such sections means the Board of Directors of the Kern Delta Water District. (b) “Agency” as used in such sections means the Kern Delta Water District. (c) “Water year” as used in such sections means July 1 of one calendar year to June 30 of the following calendar year or such other 12-month period as may be adopted by the board of the district. (d) “Improvement district” as used in such sections shall mean the Kern Delta Water District or any improvement district within the Kern Delta Water District formed pursuant to this division. (e) The record required by Section 14.31 of the Kern County Water Agency Act shall be called “The Record of Water Production and Ground Water Charges for the Kern Delta Water District.” (Added by Stats. 1969, Ch. 1085.) - 35534. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 2. Powers [35532 - 35538] ( Heading of Article 2 added by Stats. 1976, Ch. 35. )
Zones may be established within the district to set assessment rates that vary by the benefits each zone receives from district services.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 2. Powers [35532 - 35538] ( Heading of Article 2 added by Stats. 1976, Ch. 35. ) ## 35534. In addition to, and as an alternative to, the powers contained in this division, zones may be established within the district for the purpose of fixing rates of assessments varying in accordance with the extent of benefits to each zone derived or to be derived from services to the land in each zone arising from the district’s plan of irrigation works and the plan of allocation of imported water in the district. (Added by Stats. 1969, Ch. 1085.) - 35535. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 2. Powers [35532 - 35538] ( Heading of Article 2 added by Stats. 1976, Ch. 35. )
The board must use a resolution, public hearing notice, publication, and mailed copies before establishing a zone or changing assessment rates under Section 35534.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 2. Powers [35532 - 35538] ( Heading of Article 2 added by Stats. 1976, Ch. 35. ) ## 35535. No zone shall be established or varying rates of assessments fixed under Section 35534 unless the board by resolution declares that it intends to do so and that a public hearing will be held thereon at a specified day and place where all interested persons may appear and be heard. This resolution shall be published in the district pursuant to Section 6066 of the Government Code in a newspaper of general circulation published in Kern County, with the first publication to be at least 14 days prior to the time fixed for hearing, and a copy of said resolution shall be mailed, postage prepaid, to each holder of title to land within the district at his address as shown upon the last equalized assessment roll of Kern County. Any error, omission or mistake in such mailing, or any failure of any person to receive such copy, shall not invalidate the proceedings pursuant to this chapter. The hearing may be adjourned from time to time at the discretion of the board and at its conclusion the board shall by resolution determine the zones of benefit established, if any, the share of benefits received by each zone arising from the district’s operations, expressed as a percent, the criteria for establishing each such zone and the percentage expressed, together with a map in such detail to delineate the geographical area of such zone. The zones and the percentages may be amended from time to time or abolished in the same manner required for original adoption. (Added by Stats. 1969, Ch. 1085.) - 35536. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 2. Powers [35532 - 35538] ( Heading of Article 2 added by Stats. 1976, Ch. 35. )
An annual expense statement must include the amount each zone must bear, calculated from total expenses and each zone’s percentage of benefits.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 2. Powers [35532 - 35538] ( Heading of Article 2 added by Stats. 1976, Ch. 35. ) ## 35536. The annual statement of expenses filed pursuant to Section 36552 or 37206, as the case may be, shall, in addition to the matters required by such section, contain the amount of expenses to be borne by each zone, which amount shall be computed by multiplying the total expenses by the percentage of benefits accruing to each such zone as so declared by the board. (Added by Stats. 1969, Ch. 1085.) - 35537. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 2. Powers [35532 - 35538] ( Heading of Article 2 added by Stats. 1976, Ch. 35. )
The board of supervisors must set or levy assessments on lands in each zone so the amount raised matches the district board’s estimate, and assessments in zones of benefit must be levied on all lands in the zone on an ad valorem basis.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 2. Powers [35532 - 35538] ( Heading of Article 2 added by Stats. 1976, Ch. 35. ) ## 35537. The board of supervisors in fixing the rate of assessment authorized by Section 35536 pursuant to Section 36608, or in levying such assessment pursuant to Section 37207, as the case may be, shall fix the rate or levy the assessment upon all lands within each zone sufficient to raise the amount stated in the estimate of the district board to be borne by such zone. Assessments made within such zones of benefit established pursuant to this chapter shall be levied on all lands within such zone of benefit on an ad valorem basis. (Added by Stats. 1969, Ch. 1085.) - 35538. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 2. Powers [35532 - 35538] ( Heading of Article 2 added by Stats. 1976, Ch. 35. )
The district may use assessment proceeds to pay its lawful obligations.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 2. Powers [35532 - 35538] ( Heading of Article 2 added by Stats. 1976, Ch. 35. ) ## 35538. Proceeds from assessments levied pursuant to this chapter may be used to pay any lawful obligation of the district. (Added by Stats. 1969, Ch. 1085.) - 35539. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 3. Special Assessments [35539 - 35539.4] ( Article 3 added by Stats. 1976, Ch. 35. )
The board may resolve to levy an equal special assessment on developed land, undeveloped land, or both, within the district or certain zones, and the resolution must set a public hearing time and place.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 3. Special Assessments [35539 - 35539.4] ( Article 3 added by Stats. 1976, Ch. 35. ) ## 35539. In addition to, and as an alternative to, the powers contained in this division, the board may by resolution determine and declare that it is necessary to levy a special assessment of an equal amount upon each acre of developed land, upon each acre of undeveloped land, or both, within the district or within zones established pursuant to Sections 35534 and 35535 in order to cause just and equitable sharing among the district’s landowners of all or any portion of the district obligations for the next year in excess of receipts from water charges, as reflected in the district’s annual estimate of obligations filed pursuant to Section 36552 or 37206, and such resolution shall declare that a public hearing shall be held thereon at a specified time and place at which all interested persons may appear and be heard. (Amended by Stats. 1979, Ch. 310.) - 35539.1. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 3. Special Assessments [35539 - 35539.4] ( Article 3 added by Stats. 1976, Ch. 35. )
The resolution must be published and mailed to land title holders, and the board may adjourn the hearing and later set and levy a special assessment.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 3. Special Assessments [35539 - 35539.4] ( Article 3 added by Stats. 1976, Ch. 35. ) ## 35539.1. The resolution shall be published pursuant to Section 6066 of the Government Code in a newspaper of general circulation published in each county in which district lands are located. A copy of the resolution shall be mailed, postage prepaid, to each holder of title to land within the district as shown by the last equalized assessment roll of the district, or, if the district has theretofore elected to use the last equalized county assessment roll or rolls for district assessment purposes, a copy of the resolution shall be mailed, postage prepaid, to each holder of title to land of the county or counties in which district lands are located. The hearing may be adjourned from time to time at the discretion of the board and at its conclusion the board may determine and by a new resolution declare the amount of and levy a special assessment upon each acre of developed land in an equal amount per acre, upon each acre of undeveloped land in an equal amount per acre, or both, within the district, or within zones, sufficient to defray all or any part of the district obligations for the next year in excess of receipts from water charges, as reflected in the district’s annual statement of obligations filed pursuant to Section 36554 or 37206. (Amended by Stats. 1979, Ch. 310.) - 35539.10. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.7. Provisions Pertaining only to Irvine Ranch Water District and Santa Margarita Water District [35539.10 - 35539.16] ( Chapter 2.7 added by Stats. 2001, Ch. 209, Sec. 1. )
This chapter applies only to the Irvine Ranch Water District and Santa Margarita Water District.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.7. Provisions Pertaining only to Irvine Ranch Water District and Santa Margarita Water District [35539.10 - 35539.16] ( Chapter 2.7 added by Stats. 2001, Ch. 209, Sec. 1. ) ## 35539.10. This chapter applies only to the Irvine Ranch Water District and Santa Margarita Water District. The powers granted in this chapter supplement the existing powers of the districts. (Added by Stats. 2001, Ch. 209, Sec. 1. Effective January 1, 2002.) - 35539.12. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.7. Provisions Pertaining only to Irvine Ranch Water District and Santa Margarita Water District [35539.10 - 35539.16] ( Chapter 2.7 added by Stats. 2001, Ch. 209, Sec. 1. )
The districts may acquire, build, operate, maintain, and provide facilities related to urban runoff diversion, treatment, return to drainage courses, or beneficial use.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.7. Provisions Pertaining only to Irvine Ranch Water District and Santa Margarita Water District [35539.10 - 35539.16] ( Chapter 2.7 added by Stats. 2001, Ch. 209, Sec. 1. ) ## 35539.12. The districts may acquire, construct, operate, maintain, and furnish facilities for the diversion of urban runoff from drainage courses within the districts, the treatment of the urban runoff, the return of the water to the drainage courses, or the beneficial use of the water. (Added by Stats. 2001, Ch. 209, Sec. 1. Effective January 1, 2002.) - 35539.13. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.7. Provisions Pertaining only to Irvine Ranch Water District and Santa Margarita Water District [35539.10 - 35539.16] ( Chapter 2.7 added by Stats. 2001, Ch. 209, Sec. 1. )
The districts may convey water in a drainage course within each district to treat and reuse it, if the conveyance, treatment, and reuse comply with state and federal law.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.7. Provisions Pertaining only to Irvine Ranch Water District and Santa Margarita Water District [35539.10 - 35539.16] ( Chapter 2.7 added by Stats. 2001, Ch. 209, Sec. 1. ) ## 35539.13. (a) The districts may convey water in a drainage course within the boundaries of each respective district for the purposes of treating and reusing that water, if the conveyance, treatment, and reuse meet the requirements of state and federal law. (b) For purposes of this section, “drainage course” refers to a drainage course with regard to which each respective district has a right of use. (c) For purposes of this section, “water” refers to water with regard to which each respective district has a right of use. (Amended by Stats. 2005, Ch. 22, Sec. 212. Effective January 1, 2006.) - 35539.14. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.7. Provisions Pertaining only to Irvine Ranch Water District and Santa Margarita Water District [35539.10 - 35539.16] ( Chapter 2.7 added by Stats. 2001, Ch. 209, Sec. 1. )
The districts may use other powers granted to a district by this division, if those powers can be made applicable.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.7. Provisions Pertaining only to Irvine Ranch Water District and Santa Margarita Water District [35539.10 - 35539.16] ( Chapter 2.7 added by Stats. 2001, Ch. 209, Sec. 1. ) ## 35539.14. In order to carry out the powers and purposes granted under this chapter, the districts may exercise any of the powers otherwise granted to a district by this division to the extent those powers may be made applicable. (Added by Stats. 2001, Ch. 209, Sec. 1. Effective January 1, 2002.) - 35539.16. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.7. Provisions Pertaining only to Irvine Ranch Water District and Santa Margarita Water District [35539.10 - 35539.16] ( Chapter 2.7 added by Stats. 2001, Ch. 209, Sec. 1. )
The districts must still obtain any permit required by law for activities carried out under this chapter.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.7. Provisions Pertaining only to Irvine Ranch Water District and Santa Margarita Water District [35539.10 - 35539.16] ( Chapter 2.7 added by Stats. 2001, Ch. 209, Sec. 1. ) ## 35539.16. Nothing in this chapter affects any obligation of the districts to obtain a permit that may be required by law for the activities undertaken pursuant to this chapter. (Added by Stats. 2001, Ch. 209, Sec. 1. Effective January 1, 2002.) - 35539.2. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 3. Special Assessments [35539 - 35539.4] ( Article 3 added by Stats. 1976, Ch. 35. )
A district may not levy an assessment under this article unless the hearing resolution is properly made and entered in the district’s records at least 31 days before the levy date.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 3. Special Assessments [35539 - 35539.4] ( Article 3 added by Stats. 1976, Ch. 35. ) ## 35539.2. No levy of assessment shall be made pursuant to this article unless the resolution pursuant to the hearing is properly made and entered in the records of the district at least 31 days before the time for levying such assessment. (Added by Stats. 1976, Ch. 35.) - 35539.3. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 3. Special Assessments [35539 - 35539.4] ( Article 3 added by Stats. 1976, Ch. 35. )
If enough landowners petition in time, the board must call an election and send the special assessment resolution to district voters.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 3. Special Assessments [35539 - 35539.4] ( Article 3 added by Stats. 1976, Ch. 35. ) ## 35539.3. If, after the board adopts the resolution of intent to levy and before 30 days after the resolution pursuant to the hearing, the board receives a petition containing the signatures of persons holding title to 5 percent of the land area within the district, the board shall call an election of the qualified voters in the district and submit the resolution to levy the special assessment to the voters for their approval or rejection. When an election is required pursuant to this section, no levy of assessment pursuant to this article shall be made unless and until the election required by this section is held and the assessment is approved by a majority vote of the qualified voters of the district in such election. The election required in this section shall be called and noticed, held and conducted in the manner provided for bond elections of the district. (Added by Stats. 1976, Ch. 35.) - 35539.4. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 3. Special Assessments [35539 - 35539.4] ( Article 3 added by Stats. 1976, Ch. 35. )
The resolution or election proposition must set the due date for a special assessment, and it may allow payment in two equal installments.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.5. Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts [35525 - 35539.4] ( Heading of Chapter 2.5 amended by Stats. 1974, Ch. 830. ) ## ARTICLE 3. Special Assessments [35539 - 35539.4] ( Article 3 added by Stats. 1976, Ch. 35. ) ## 35539.4. The resolution pursuant to the hearing, or, when required, the proposition submitted to the qualified voters of the district pursuant to Section 35539.3, shall specify the due date for such special assessment and may provide that it is payable in two equal installments, the first of which shall be delinquent if not paid within five calendar months after the due date and the second of which shall be delinquent if not paid within nine calendar months after the due date, and, if no such provision for payment in installments is made, such resolution or, when required, such election proposition, shall provide that the entire special assessment becomes delinquent if not paid within six months after the due date. The special assessment shall be collected pursuant to the provisions of Chapters 3, 4, 5 and 6 of Part 7 of this division. (Added by Stats. 1976, Ch. 35.) - 35540. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. )
This chapter applies only to the Lost Hills Water District as a member unit of the Kern County Water Agency.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. ) ## 35540. The provisions of this chapter shall apply only to the Lost Hills Water District as a member unit of the Kern County Water Agency. (Added by Stats. 1974, Ch. 63.) - 35541. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. )
The district may adopt a water allocation plan that can limit future water allocations and assessments for lands in a designated area, while preserving certain agency, creditor, and bond rights.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. ) ## 35541. (a) As an alternative to, and in addition to, the methods in this division provided for the apportionment of water, the district may adopt a plan of water allocation which may include a provision that the holders of title to lands within a designated area of the district, not at the time receiving delivery of water purchased by the district under long-term contract with the Kern County Water Agency by means of district-provided facilities, shall have no right in the future to have allocated to them, as the holders of title to lands within the designated area, any part of the water which will thereafter be made available to the district under contracts between the district and the Kern County Water Agency in effect at the time of approval of the plan. The plan shall provide that the lands within that designated area of the district shall not thereafter be assessed by the district, or by the Board of Supervisors of the County of Kern on behalf of the district, for the purpose of providing funds to pay any part of the district’s obligation to the Kern County Water Agency under contracts between the district and that agency in effect at the time of approval of the plan or for the purpose of providing funds to pay either the principal of bonds or interest on bonds of the district sold after approval of the plan, excepting, however, bonds sold for the purpose of providing funds to construct irrigation works wholly or partially for the benefit of the designated area. (b) No such plan shall affect the power of the Kern County Water Agency to levy a tax or assessment pursuant to Section 11652 or to levy assessments under the provisions of the Kern County Water Agency Act (Chapter 1003 of the Statutes of 1961, as amended) against all lands within the district nor shall any such plan constitute or be given effect as a limitation upon the power of any bondholder or other creditor of the district to enforce rights existing at the time of approval of the plan. (c) The plan shall provide that for so long as the lands within the designated area receive no benefits from the district, they shall not be assessed for district purposes, except to the extent required to pay principal of bonds and interest on bonds of the district sold prior to approval of the plan. The plan may provide for relief from the payment of principal of bonds and interest on bonds sold prior to the approval of the plan if the district makes other adequate provision for the payment thereof. (d) The plan may further provide that the holders of title to lands within the designated portion of the district shall have the right to purchase from the district, from time to time, as the same is available to the district, water which the district may acquire, other than under long-term contract between the district and the Kern County Water Agency in effect at the time of approval of the plan, at a cost which shall not include in its computation any part of the district’s obligation to pay for contract entitlement water under long-term contract between the district and the Kern County Water Agency in effect at the time of the approval of the plan, but which shall include a pro rata share of the cost of district administration. (Amended by Stats. 1989, Ch. 33, Sec. 2. Effective May 31, 1989.) - 35542. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. )
A plan approved under this chapter may later be changed, supplemented, amended, or rescinded using the same process used to adopt and approve the original plan.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. ) ## 35542. A plan adopted or approved pursuant to the provisions of this chapter may be changed, supplemented, amended, or rescinded in the manner herein provided for the adoption and approval of an original plan. (Added by Stats. 1974, Ch. 63.) - 35543. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. )
Before adopting a plan, the board must make or cause a report to be made that sets out the proposed plan.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. ) ## 35543. Before adopting such a plan the board shall make or cause to be made a report setting forth the proposed plan. (Added by Stats. 1974, Ch. 63.) - 35544. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. )
Before adopting the plan, the board must pass a resolution of intention listing required details about the proposed water allocation plan.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. ) ## 35544. Before adopting such a plan the board shall pass a resolution of intention stating the following: (a) The intention of the board to adopt a plan for distribution and use within the district of water available to the district under existing contract or contracts with the Kern County Water Agency under which plan such water will not be made available to a designated area within the district. (b) A brief description of the plan proposed to be adopted. (c) A description of the area within the district to which delivery of water would be curtailed under the proposed plan. (d) That a copy of the plan and of a map showing the area within the district to which delivery of water would be curtailed under the proposed plan, which map shall govern for all details as to the extent of the area to which water deliveries will be curtailed, is on file with the secretary of the district and is available for inspection by any person or persons interested. (e) The time and place of hearing by the board in regard to the proposed plan. (f) That at such time and place any person interested, including all persons owning land within the district or in the area within the district to which delivery of water would be curtailed under the proposed plan, may appear and be heard and written protests, if any, will be considered. (g) A statement of the substance of Sections 35546, 35547, 35548, 35549, and 35550. (Added by Stats. 1974, Ch. 63.) - 35545. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. )
Notice of the hearing must be given by publication, posting, and certified-mailing of the resolution of intention, with each step timed at least 14 days before the hearing.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. ) ## 35545. Notice of the hearing shall be given by publishing a copy of the resolution of intention provided for in Section 35544 in a newspaper of general circulation, published in Kern County, California, pursuant to Section 6066 of the Government Code, the first publication to be at least 14 days prior to the time fixed for hearing. Notice of the hearing shall also be given by posting certified copies of such resolution of intention in three public places within the area within the district to which delivery of water would be curtailed under the proposed plan for at least 14 days prior to the time fixed for hearing. Notice of the hearing shall also be given by mailing, by certified mail, a certified copy of such resolution of intention to each holder of title to lands within the area within the district to which delivery of water would be curtailed under the proposed plan as shown in the last equalized assessment book of the district, except, that, in the event an assessment for the district shall not have been made and levied for the year in which such hearing is to be held, the last equalized assessment roll for the County of Kern shall be used in place of the assessment book of the district. Such mailing shall be completed not less than 14 days prior to the hearing. No notice of such hearing, other than that required by this section, need be given. (Added by Stats. 1974, Ch. 63.) - 35546. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. )
A landowner whose water delivery would be cut back under the proposed plan may file a written protest before the hearing time.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. ) ## 35546. At any time, not later than the hour set for hearing on such resolution of intention, any holder of title to land to which delivery of water would be curtailed under the proposed plan may make written protest. Such protest shall be in writing, shall contain a description of the property in which each signer has an interest sufficient to identify the same, and, if any signer is not shown on the last equalized assessment book of the district or, if used as the basis for the mailing of notice, the last equalized assessment roll of Kern County, such protest shall contain or be accompanied by written evidence that such signer is the owner of such property or of an interest therein. All such protests shall be delivered to the secretary of the district. (Added by Stats. 1974, Ch. 63.) - 35547. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. )
The board must hear and decide protests at the scheduled hearing, may adjourn the hearing, and a title holder may withdraw a written protest before the hearing ends or before an adjournment ends.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. ) ## 35547. At the time set for hearing protests, the board shall hear and pass upon all protests made as provided for in Section 35546, and its decision shall be final and conclusive. The board may adjourn the hearing from time to time, and any written protest may be withdrawn by the holder of title making the same in writing at any time prior to the conclusion of the hearing or any such adjournment thereof. (Added by Stats. 1974, Ch. 63.) - 35548. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. )
If a qualifying written protest is filed and the board finds it exceeds half the assessed value of the affected lands, the proceedings must end and no further proceedings on the plan or a modification may be taken for one year.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. ) ## 35548. If a written protest is made pursuant to Section 35546 against the proposed plan and the board finds that the protest represents more than one-half of the assessed value of the lands to which delivery of water would be curtailed under the proposed plan, and such protests are not withdrawn so as to reduce the same to less than a majority of such assessed value, the proceedings shall be terminated and no further proceedings may be taken with respect to such plan or any modification thereof for a period of one year from the time of the decision of the board on the hearing. (Added by Stats. 1974, Ch. 63.) - 35549. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. )
If the required protest is filed and meets the stated ownership-value range, the board may adopt the plan only if it is approved at a special election by the title holders of the affected lands.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. ) ## 35549. If a written protest is made pursuant to Section 35546 against the proposed plan and the board finds that the protest represents less than one-half but more than 10 percent of the assessed value of the lands to which delivery of water would be curtailed under the proposed plan, and such protests are not withdrawn to reduce the same to less than 10 percent of such assessed value, the board may adopt such plan subject to approval thereof by the holders of title to the lands to which delivery of water would be curtailed under the proposed plan at a special election to be held for such purpose. Such election shall be called, noticed, held, conducted and the results thereof shall be canvassed in substantially the same manner as provided in this division for the calling, noticing, holding, conducting, and canvassing of general obligation bond elections. (Added by Stats. 1974, Ch. 63.) - 35550. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. )
The board may adopt and approve the proposed plan by resolution if there is no written protest, or if a protest is filed but it is under 10% of the assessed value of the lands affected, after the hearing.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. ) ## 35550. If no written protest is made pursuant to Section 35546 against the proposed plan or if a written protest is made pursuant to Section 35546 and the board finds that the protest represents less than 10 percent of the assessed value of the lands to which delivery of water would be curtailed under the proposed plan, then, at the conclusion of the hearing, the board may, by resolution, adopt and approve such plan. (Added by Stats. 1974, Ch. 63.) - 35551. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. )
For the proposed water plan, the district must use the district’s last equalized assessment book to determine land values, or the County of Kern’s last equalized assessment roll if no district assessment was made for that year.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. ) ## 35551. The last equalized assessment book of the district shall be used as a basis for determining the assessed value of lands to which delivery of water would be curtailed under the proposed plan, excepting, however, if no assessment for the district shall have been made and levied for the year in which the hearing is held, the last equalized assessment roll of the County of Kern shall be used for such purpose in place of the assessment book of the district. (Added by Stats. 1974, Ch. 63.) - 35552. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. )
If voters approve the plan, the board must approve it by resolution within 30 days after the election is canvassed. If voters reject the plan, the proceedings end and no further action may be taken on the plan or any modification for one year.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. ) ## 35552. If a majority of the votes cast at an election held pursuant to the provisions of Section 35549 is in favor of the proposed plan, the board shall, within 30 days after canvass of the results of such election, by resolution reciting the fact of such election, the total number of votes cast thereat, the number of votes cast in favor of the plan and the number of votes cast opposed to the plan, approve the proposed plan. If a majority of the votes cast at such election is opposed to adoption of the proposed plan, the proceedings shall be terminated upon the canvass of the vote and no further proceedings may be taken with respect to such plan or any modification thereof for a period of one year from the date of the election. (Added by Stats. 1974, Ch. 63.) - 35553. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. )
If the plan is approved under Section 35550 or 35552, a certified copy of the board’s approving resolution must be recorded with the Kern County Recorder, and then the plan is effective for all purposes.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 1. Plan of Water Allocation [35540 - 35553] ( Heading of Article 1 added by Stats. 1989, Ch. 33, Sec. 1. ) ## 35553. In the event the plan is approved, either according to the provisions of Section 35550 or Section 35552, a certified copy of the board’s resolution approving the plan shall be recorded in the office of the County Recorder of the County of Kern following which recording such plan shall be effective for all purposes. (Added by Stats. 1974, Ch. 63.) - 35554. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 2. Water Service Contracts [35554- 35554.] ( Article 2 added by Stats. 1989, Ch. 33, Sec. 3. )
The district may make long-term water service contracts with land title holders for apportioning all or part of its water supply.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.75. Provisions Pertaining Only to Lost Hills Water District [35540 - 35554] ( Chapter 2.75 added by Stats. 1974, Ch. 63. ) ## ARTICLE 2. Water Service Contracts [35554- 35554.] ( Article 2 added by Stats. 1989, Ch. 33, Sec. 3. ) ## 35554. An alternative to, and in addition to, other methods contained in this division regarding the apportionment of water, the district may enter into long-term water service contracts with the holders of title to land for the apportionment of all or any part of its water supply. Long-term water service contracts may provide that all water charges provided for, when due, are a lien on the land in the nature of assessments and may be collected and enforced in the manner provided in this division for the collection and enforcement of assessments. Any such lien shall have the same force, effect, and priority as an assessment lien if the contract is recorded in the office of the county recorder in the county in which the land is situated. (Added by Stats. 1989, Ch. 33, Sec. 3. Effective May 31, 1989.) - 35560. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.8. Provisions Pertaining Only to the Westside Water District [35560 - 35562] ( Chapter 2.8 added by Stats. 1978, Ch. 499. )
This chapter applies only to the Westside Water District and certain districts, zones, or improvements formed within it.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.8. Provisions Pertaining Only to the Westside Water District [35560 - 35562] ( Chapter 2.8 added by Stats. 1978, Ch. 499. ) ## 35560. The provisions of this chapter shall apply only to the Westside Water District or to any improvement district, distribution district, or zone formed within the Westside Water District pursuant to the provisions of this division. (Added by Stats. 1978, Ch. 499.) - 35561. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.8. Provisions Pertaining Only to the Westside Water District [35560 - 35562] ( Chapter 2.8 added by Stats. 1978, Ch. 499. )
The district may make long-term water service contracts and may require one before delivering water or allowing use of district facilities.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.8. Provisions Pertaining Only to the Westside Water District [35560 - 35562] ( Chapter 2.8 added by Stats. 1978, Ch. 499. ) ## 35561. In addition, and as an alternative, to the matters contained in this division regarding distribution and apportionment of water, the district or any improvement district, distribution district, or zone therein may, by resolution, enter into long term water service contracts with holders of title to land therein, and may require execution of such a contract by a holder of title to land as a condition precedent to the delivery of water from the district to such holder of title or to the use by such holder of title of any facilities of the district or any improvement district, distribution district, or zone. Such contracts may provide that all water charges provided for, when due, are a lien on the landowner’s land in the nature of assessments, and may be collected and enforced in the manner provided in this division for the collection and enforcement of assessments. If such a contract does so provide, such lien shall have the same force, effect, and priority as an assessment lien for all such water charges levied after recordation of such contract in the office of the county recorder in the county in which the land is situated. Unless such water service contract is recorded, it shall have no force or effect whatever against any person other than a party to the contract, unless such person has actual knowledge of the contract and its contents. (Added by Stats. 1978, Ch. 499.) - 35562. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.8. Provisions Pertaining Only to the Westside Water District [35560 - 35562] ( Chapter 2.8 added by Stats. 1978, Ch. 499. )
The district may levy and collect water charges for specified district purposes, may require advance payment by resolution, and may treat unpaid charges as delinquent after 30 days with a penalty and interest cap.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.8. Provisions Pertaining Only to the Westside Water District [35560 - 35562] ( Chapter 2.8 added by Stats. 1978, Ch. 499. ) ## 35562. In addition, and as an alternative, to the purposes for which the proceeds from water charges may be used, as set forth in Article 4 (commencing with Section 35470) of Chapter 2 of Part 5 of this division, water charges may be levied and collected in order to provide, in whole or in part, for the payment of amounts due to the United States, whether for capital charges or service charges or otherwise, pursuant to contracts made in accordance with Chapter 6 (commencing with Section 35875) of Part 5 of this division, or in order to provide, in whole or in part, for the payment of the costs of a project or the principal of and interest on bonds or warrants of the district, or to obtain funds for any lawful purpose of the district. The district may, by resolution, make such water charges payable in advance. The district may, by resolution, provide that water charges which remain unpaid for a period of not less than 30 days after they have become due shall be delinquent, and a penalty not in excess of 10 percent shall be added thereto, and they shall bear interest at a rate not in excess of 12 percent per year. (Added by Stats. 1978, Ch. 499.) - 35565. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.85. Provisions Pertaining Only to the Borrego Water District [35565 - 35565.8] ( Chapter 2.85 repealed and added by Stats. 1985, Ch. 243, Sec. 2. )
This chapter applies only to the Borrego Water District.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.85. Provisions Pertaining Only to the Borrego Water District [35565 - 35565.8] ( Chapter 2.85 repealed and added by Stats. 1985, Ch. 243, Sec. 2. ) ## 35565. This chapter applies only to the Borrego Water District. (Repealed and added by Stats. 1985, Ch. 243, Sec. 2.) - 35565.1. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.85. Provisions Pertaining Only to the Borrego Water District [35565 - 35565.8] ( Chapter 2.85 repealed and added by Stats. 1985, Ch. 243, Sec. 2. )
The district’s objectives include controlling flood and storm waters, conserving water for useful purposes, protecting property and inhabitants from damage, and protecting, preserving, and restoring watersheds.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.85. Provisions Pertaining Only to the Borrego Water District [35565 - 35565.8] ( Chapter 2.85 repealed and added by Stats. 1985, Ch. 243, Sec. 2. ) ## 35565.1. The objectives of the district include all of the following: (a) To provide for the control of flood and storm waters of the district and the surface or subsurface streams created by storm water runoff from sources outside of the district and to conserve all the waters for beneficial and useful purposes by spreading, storing, retaining, slowing, and causing those waters to percolate, either by natural or artificial means, into the soil strata. (b) To protect from damage from those flood or storm waters the personal or real property within the district and the lives of the inhabitants thereof. (c) To protect, preserve, and restore watersheds within or without the district. (Repealed and added by Stats. 1985, Ch. 243, Sec. 2.) - 35565.2. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.85. Provisions Pertaining Only to the Borrego Water District [35565 - 35565.8] ( Chapter 2.85 repealed and added by Stats. 1985, Ch. 243, Sec. 2. )
The district may acquire property and may build, operate, maintain, repair, and alter projects or facilities needed to carry out Section 35565.1 objectives.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.85. Provisions Pertaining Only to the Borrego Water District [35565 - 35565.8] ( Chapter 2.85 repealed and added by Stats. 1985, Ch. 243, Sec. 2. ) ## 35565.2. The district may acquire by grant, purchase, lease, gift, devise, contract, or condemnation, real or personal property of any kind, including land, structures, buildings, rights-of-way, or easements within or without the district, and may construct, operate, maintain, repair, and alter all projects, improvements, or facilities, within or outside of the district necessary or proper to carry out the objectives authorized by Section 35565.1. Improvements or facilities include, but are not limited to, dams, levees, channels, conduits, canals, pipelines, reservoirs, spillways, ponds, or replenishment wells. (Repealed and added by Stats. 1985, Ch. 243, Sec. 2.) - 35565.3. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.85. Provisions Pertaining Only to the Borrego Water District [35565 - 35565.8] ( Chapter 2.85 repealed and added by Stats. 1985, Ch. 243, Sec. 2. )
The district may conduct technical investigations and may enter lands, with limits, to carry out those investigations.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.85. Provisions Pertaining Only to the Borrego Water District [35565 - 35565.8] ( Chapter 2.85 repealed and added by Stats. 1985, Ch. 243, Sec. 2. ) ## 35565.3. The district may conduct technical investigations and prepare analyses, studies, and reports pertaining to water supply, water rights, erosion, control of floods, storm patterns, water basin supplies, replenishment methods, water usage and water quality, soil characteristics, and other matters relative and necessary to the objective set forth in Section 35565.1. In order to carry out technical investigations, the district has the right of access to, and may, to the extent permitted by the California Constitution, enter upon, any lands within or without the district, with or without permission of the owner or owners of the land. The entry by the district or its authorized representative does not constitute, and does not give rise to, any cause of action in favor of the owners of the land, except for injuries resulting from negligence, wantonness, or malice. (Repealed and added by Stats. 1985, Ch. 243, Sec. 2.) - 35565.4. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.85. Provisions Pertaining Only to the Borrego Water District [35565 - 35565.8] ( Chapter 2.85 repealed and added by Stats. 1985, Ch. 243, Sec. 2. )
The district may use certain powers for mosquito control, parks, landscaping and lighting, and garbage or refuse services, but it may not use those powers in the Borrego Springs Community Services District territory until approved by the San Diego Local Agency Formation Commission.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.85. Provisions Pertaining Only to the Borrego Water District [35565 - 35565.8] ( Chapter 2.85 repealed and added by Stats. 1985, Ch. 243, Sec. 2. ) ## 35565.4. (a) For the purpose of providing mosquito abatement and vector control services to the lands and inhabitants of the district, and in addition to the powers contained in this division, the district may exercise any of the powers of a mosquito abatement district or vector control district pursuant to the Mosquito Abatement and Vector Control District Law, Chapter 1 (commencing with Section 2200) of Division 3 of the Health and Safety Code. (b) For the purpose of providing park and recreation facilities and services, the district may exercise any of the powers of a recreation and park district pursuant to the Recreation and Park District Law, Chapter 4 (commencing with Section 5780) of Division 5 of the Public Resources Code. (c) For the purpose of providing landscaping and lighting facilities and services, the district may exercise the powers of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code. (d) For the purposes of providing for the collection or disposal of garbage or refuse matter, the district may exercise the powers of a community services district pursuant to the Community Services District Law, Division 3 (commencing with Section 61000) of Title 6 of the Government Code. (e) The district shall not exercise any of the powers set forth in subdivisions (a), (b), (c), and (d) in the territory within the Borrego Springs Community Services District until the San Diego Local Agency Formation Commission has approved the exercise of that power. (f) Any new special taxes, assessments, and fees or charges that the district needs to implement the powers as set forth in subdivisions (b), (c), and (d) may be levied or raised after complying with Articles XIII C and XIII D of the California Constitution. (Amended by Stats. 2003, Ch. 296, Sec. 45. Effective January 1, 2004.) - 35565.8. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.85. Provisions Pertaining Only to the Borrego Water District [35565 - 35565.8] ( Chapter 2.85 repealed and added by Stats. 1985, Ch. 243, Sec. 2. )
The district has authority from specified Water Code sections, and that authority is additional to the district’s other powers under this division.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.85. Provisions Pertaining Only to the Borrego Water District [35565 - 35565.8] ( Chapter 2.85 repealed and added by Stats. 1985, Ch. 243, Sec. 2. ) ## 35565.8. (a) The district has the authority granted to a water replenishment district by Sections 60224, 60225, and 60226. (b) The authority granted to this district pursuant to this section is in addition to the authority granted to the district by this division. (Added by Stats. 1992, Ch. 56, Sec. 6. Effective May 14, 1992.) - 35570. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.9. Power Generation [35570 - 35573] ( Chapter 2.9 repealed and added by Stats. 1985, Ch. 1054, Sec. 2. )
A district may use water it has or uses to build, maintain, and operate hydroelectric plants and transmission lines, and may finance that construction with bonds or other district financing methods.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.9. Power Generation [35570 - 35573] ( Chapter 2.9 repealed and added by Stats. 1985, Ch. 1054, Sec. 2. ) ## 35570. A district may, by using any water or water supplies furnished to the district or used by the district, construct, maintain, and operate plants for the generation of hydroelectric power from that water and transmission lines for the conveyance thereof. The plants so constructed shall be operated in a manner consistent with the district’s storage, transmission, and distribution of water. Construction of the plants and transmission lines may be financed by the issuance of general obligation bonds or revenue bonds or any other method of financing district works as provided in this division. (Repealed and added by Stats. 1985, Ch. 1054, Sec. 2.) - 35571. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.9. Power Generation [35570 - 35573] ( Chapter 2.9 repealed and added by Stats. 1985, Ch. 1054, Sec. 2. )
A district may join with another water-distributing district or make joint power agreements with an agency formed for that purpose.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.9. Power Generation [35570 - 35573] ( Chapter 2.9 repealed and added by Stats. 1985, Ch. 1054, Sec. 2. ) ## 35571. A district may join with any other district engaged in distributing water in exercising the powers set forth in this chapter, or may execute joint power agreements with any agency formed for that purpose. (Repealed and added by Stats. 1985, Ch. 1054, Sec. 2.) - 35572. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.9. Power Generation [35570 - 35573] ( Chapter 2.9 repealed and added by Stats. 1985, Ch. 1054, Sec. 2. )
The district may lease its hydroelectric plant and transmission lines, and may sell generated power, to a public utility or public agency; it may also use the power itself, but may not directly sell it to other customers for uses other than producing or transmitting water.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.9. Power Generation [35570 - 35573] ( Chapter 2.9 repealed and added by Stats. 1985, Ch. 1054, Sec. 2. ) ## 35572. The hydroelectric plant and transmission lines constructed pursuant to this chapter may be leased for operation to, or the power generated may be sold to, a public utility or public agency engaged in the distribution, use, or sale of electricity. The power generated may be used by the district for its own purposes, or for the production or transmission of water, but shall not be offered for sale directly by the district to customers, other than a public utility or public agency, for any use other than the production or transmission of water. (Repealed and added by Stats. 1985, Ch. 1054, Sec. 2.) - 35573. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.9. Power Generation [35570 - 35573] ( Chapter 2.9 repealed and added by Stats. 1985, Ch. 1054, Sec. 2. )
This section limits chapter powers so they do not allow taking over hydroelectric property or facilities unless the owner and operator agree.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2.9. Power Generation [35570 - 35573] ( Chapter 2.9 repealed and added by Stats. 1985, Ch. 1054, Sec. 2. ) ## 35573. The powers granted by this chapter shall not include, and nothing in this chapter shall be construed to permit, the acquisition of property or facilities already employed in the generation of hydroelectric energy, except by mutual agreement with the owner and operator of the property or facilities. (Added by Stats. 1985, Ch. 1054, Sec. 2.) - 356. Verify source ↗
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Water Shortage Emergencies [350 - 359] ( Chapter 3 added by Stats. 1953, Ch. 140. )
The regulations and restrictions may allow denial of applications for new or additional service connections, and enforcement may include discontinuing service to consumers who wilfully violate them.
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Water Shortage Emergencies [350 - 359] ( Chapter 3 added by Stats. 1953, Ch. 140. ) ## 356. The regulations and restrictions may include the right to deny applications for new or additional service connections, and provision for their enforcement by discontinuing service to consumers wilfully violating the regulations and restrictions. (Added by Stats. 1953, Ch. 140.) - 35600. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Property [35600 - 35628] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Acquisition and Disposition of Property [35600 - 35604] ( Article 1 added by Stats. 1951, Ch. 390. )
A district may acquire needed property or property rights by purchase, condemnation, or other legal means, inside or outside the district.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Property [35600 - 35628] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Acquisition and Disposition of Property [35600 - 35604] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 35600. A district may, within or without the district in the State, acquire by purchase, condemnation, or other legal means all property or rights in property necessary or proper for the district works and to supply the land with sufficient water for all district purposes. (Amended by Stats. 1963, Ch. 899.) - 35601. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Property [35600 - 35628] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Acquisition and Disposition of Property [35600 - 35604] ( Article 1 added by Stats. 1951, Ch. 390. )
A district is granted the right to locate, construct, and maintain its works on land owned by the State.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Property [35600 - 35628] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Acquisition and Disposition of Property [35600 - 35604] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 35601. The right is hereby granted to locate, construct, and maintain works of a district on any land owned by the State. (Added by Stats. 1951, Ch. 390.) - 35602. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Property [35600 - 35628] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Acquisition and Disposition of Property [35600 - 35604] ( Article 1 added by Stats. 1951, Ch. 390. )
Water and water rights belonging to the State within each district are set apart for that district’s uses and purposes.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Property [35600 - 35628] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Acquisition and Disposition of Property [35600 - 35604] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 35602. There is given, dedicated, and set apart for the uses and purposes of each district all water and water rights belonging to the State within the district. (Added by Stats. 1951, Ch. 390.) - 35603. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Property [35600 - 35628] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Acquisition and Disposition of Property [35600 - 35604] ( Article 1 added by Stats. 1951, Ch. 390. )
A district may build works across certain waterways and transport routes if the route is made safe for life and property, and it must restore crossed property. Railroad companies whose tracks are crossed must cooperate in forming the crossing and grant the needed privileges.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Property [35600 - 35628] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Acquisition and Disposition of Property [35600 - 35604] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 35603. A district may construct any works along, under, or across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, or flume which the route of a pipeline or canal of the works may proceed along or across in a manner that will afford security for life and property. The district shall restore the property crossed as near as may be to its former state or so as not to have impaired unnecessarily its usefulness. Every company whose railroad is crossed by the works shall unite with the district in forming the crossing and shall grant the necessary privileges. (Amended by Stats. 1984, Ch. 1552, Sec. 1.) - 35604. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Property [35600 - 35628] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Acquisition and Disposition of Property [35600 - 35604] ( Article 1 added by Stats. 1951, Ch. 390. )
A district may lease, sell, or contract to sell its property for valuable consideration when doing so is necessary, advisable, or in the district’s best interests.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Property [35600 - 35628] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Acquisition and Disposition of Property [35600 - 35604] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 35604. A district may for a valuable consideration lease, sell, or contract for the sale of any property of the district whenever it may be necessary, advisable, or for the best interests of the district. (Added by Stats. 1951, Ch. 390.) - 35627. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Property [35600 - 35628] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Eminent Domain [35627 - 35628] ( Article 2 added by Stats. 1951, Ch. 390. )
If the district and the affected property or franchise owners/controllers cannot agree on payment, location, or the manner of crossing, those issues must be resolved through an eminent domain proceeding.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Property [35600 - 35628] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Eminent Domain [35627 - 35628] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 35627. If the district and the owners and controllers of any property or franchise to be crossed by works of a district cannot agree with the district as to payment, location, or the manner of the crossing, these matters shall be determined as in a proceeding in eminent domain. (Added by Stats. 1951, Ch. 390.) - 35628. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Property [35600 - 35628] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Eminent Domain [35627 - 35628] ( Article 2 added by Stats. 1951, Ch. 390. )
A district may not condemn property outside its principal county unless it first gets consent from the county board of supervisors where the property is located.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Property [35600 - 35628] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Eminent Domain [35627 - 35628] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 35628. A district shall not exercise the right of eminent domain under this article for the condemnation of property outside the boundaries of the principal county in which the district is situated unless it first obtains the consent thereto of the board of supervisors of the county in which such property is located. (Added by Stats. 1963, Ch. 899.) - 357. Verify source ↗
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Water Shortage Emergencies [350 - 359] ( Chapter 3 added by Stats. 1953, Ch. 140. )
During a water shortage emergency, chapter-based water delivery and consumption restrictions control over conflicting water-rights laws, and affected water distributors must get Public Utilities Commission approval before those restrictions take effect.
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Water Shortage Emergencies [350 - 359] ( Chapter 3 added by Stats. 1953, Ch. 140. ) ## 357. If the regulations and restrictions on delivery and consumption of water adopted pursuant to this chapter conflict with any law establishing the rights of individual consumers to receive either specific or proportionate amounts of the water supply available for distribution within such service area, the regulations and restrictions adopted pursuant to this chapter shall prevail over the provisions of such laws relating to water rights for the duration of the period of emergency; provided, however, that any distributor of water which is subject to regulation by the State Public Utilities Commission shall before making such regulations and restrictions effective secure the approval thereof by the Public Utilities Commission. (Added by Stats. 1953, Ch. 140.) - 35752. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Public Liability [35752- 35752.] ( Chapter 4 added by Stats. 1951, Ch. 390. )
Claims for money or damages against the district are governed by specified Government Code provisions, except where those provisions themselves or other expressly applicable statutes or regulations provide otherwise.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Public Liability [35752- 35752.] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## 35752. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Amended by Stats. 1963, Ch. 1715.) - 358. Verify source ↗
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Water Shortage Emergencies [350 - 359] ( Chapter 3 added by Stats. 1953, Ch. 140. )
Courts of competent jurisdiction may review a governing board’s emergency findings or related regulations and restrictions if the action is alleged to be fraudulent, arbitrary, or capricious.
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Water Shortage Emergencies [350 - 359] ( Chapter 3 added by Stats. 1953, Ch. 140. ) ## 358. Nothing in this chapter shall be construed to prohibit or prevent review by any court of competent jurisdiction of any finding or determination by a governing board of the existence of an emergency or of regulations or restrictions adopted by such board, pursuant to this chapter, on the ground that any such action is fraudulent, arbitrary, or capricious. (Added by Stats. 1953, Ch. 140.) - 35850. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 5. Contracts With Other Agencies [35850 - 35855] ( Chapter 5 added by Stats. 1951, Ch. 390. )
A district may enter into contracts with irrigation or drainage districts for valuable consideration.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 5. Contracts With Other Agencies [35850 - 35855] ( Chapter 5 added by Stats. 1951, Ch. 390. ) ## 35850. A district may for a valuable consideration enter into any contract with any irrigation or drainage district formed under the laws of the State as the board deems proper or advisable in the interests of the district, or to carry out or execute any of the purposes authorized by this division. (Added by Stats. 1951, Ch. 390.) - 35850.5. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 5. Contracts With Other Agencies [35850 - 35855] ( Chapter 5 added by Stats. 1951, Ch. 390. )
A district may join and contract with public or private parties to carry out its powers and finance acquisitions, construction, and operations, including through bond issuance for water rights or entitlements.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 5. Contracts With Other Agencies [35850 - 35855] ( Chapter 5 added by Stats. 1951, Ch. 390. ) ## 35850.5. A district shall have power to join with one or more public agencies, private corporations or other persons for the purpose of carrying out any of the powers of such district, and for that purpose to contract with such other public agencies or private corporations or persons for the purpose of financing such acquisitions, constructions and operations. Notwithstanding anything to the contrary in this division, such contracts may provide that bonds of such district may be issued in order to acquire water rights or entitlements, including the right to receive and use water or a water supply, for each of the parties to such contracts, with such water rights or entitlements being divided among the parties in consideration of the payments to be made by such parties in order to provide debt service on the bonds of such district. A district may issue its bonds for the purpose of acquiring such water rights or entitlements under such contracts whenever joint action with the other parties to such contracts is reasonably necessary or convenient in order to obtain such water rights or entitlements for the district, and in such case the issuance of bonds of the district shall be considered a public purpose for the benefit of the district within the meaning of Section 25 of Article XIII of the California Constitution. Such contracts may provide for contributions to be made by each party thereto and for the division and apportionment of the expenses of such acquisitions and operations, and the division and apportionment of the benefits, the services and products therefrom, and may provide for an agency to effect such acquisitions and to carry on such operations, and shall provide in the powers and methods of procedure for such agency the method by which such agency may contract. Such contracts with other public or private corporations or persons may contain such other and further convenants and agreements as may be necessary or convenient to accomplish the purposes thereof. (Amended by Stats. 1974, Ch. 860.) - 35851. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 5. Contracts With Other Agencies [35850 - 35855] ( Chapter 5 added by Stats. 1951, Ch. 390. )
A district may enter into contracts with specified public entities and districts if there is valuable consideration and the board considers the contract proper, advisable, or in the district’s interest.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 5. Contracts With Other Agencies [35850 - 35855] ( Chapter 5 added by Stats. 1951, Ch. 390. ) ## 35851. A district may for a valuable consideration enter into any contract with the United States, the State, or any department or agency of either, or with any distribution district or improvement district formed within its boundaries, or with any political subdivision of the State, including irrigation and reclamation districts, as the board deems proper, advisable, or in the interest of the district for any one or more of the following purposes: (a) For the storage, regulation, control, development, and distribution of water for the irrigation of land. (b) For the use, control, and distribution of drainage water within the district. (c) For the construction, extension, operation, control, maintenance, and management of any works or other property constructed or acquired by the district, or over which it may have control, or which may be used or useful for the irrigation or drainage of land or for providing hydroelectric power. (Amended by Stats. 1957, Ch. 1935.) - 35852. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 5. Contracts With Other Agencies [35850 - 35855] ( Chapter 5 added by Stats. 1951, Ch. 390. )
A contract under this chapter may include terms about land being included in an irrigation, drainage, or reclamation project and receiving related project services or property.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 5. Contracts With Other Agencies [35850 - 35855] ( Chapter 5 added by Stats. 1951, Ch. 390. ) ## 35852. Any contract entered into pursuant to this chapter may provide: (a) That the land shall be included in any irrigation, drainage, or reclamation project operated directly or indirectly by or under the authority of the United States or the State. (b) That the land shall receive water, electric power, drainage service, or other works or property of the irrigation, drainage, or reclamation project, including revenues derived therefrom. (Added by Stats. 1951, Ch. 390.) - 35853. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 5. Contracts With Other Agencies [35850 - 35855] ( Chapter 5 added by Stats. 1951, Ch. 390. )
Contracts under this article may provide for sale or conveyance of water-related property or interests to listed public and water entities, and any agreed conditions must require the buyer to furnish water to the land.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 5. Contracts With Other Agencies [35850 - 35855] ( Chapter 5 added by Stats. 1951, Ch. 390. ) ## 35853. Any contract entered into pursuant to this article may provide for the sale and conveyance to the United States, the State, any reclamation or irrigation project formed or operated by or under the authority of either, or any irrigation or water district formed under the laws of the State on any conditions agreed upon, which conditions shall require that the purchasing party furnish water to the land. (Added by Stats. 1951, Ch. 390.) - 35855. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 5. Contracts With Other Agencies [35850 - 35855] ( Chapter 5 added by Stats. 1951, Ch. 390. )
A contract’s validity may be challenged by an action brought under the cited civil procedure chapter.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 5. Contracts With Other Agencies [35850 - 35855] ( Chapter 5 added by Stats. 1951, Ch. 390. ) ## 35855. An action to determine the validity of any contract may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 1961, Ch. 1529.) - 35875. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. )
Districts may cooperate and contract with the United States under specified federal reclamation and related laws.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. ) ## 35875. Districts may cooperate and contract with the United States, under the Federal Reclamation Act of June 17, 1902, and all acts amendatory thereof or supplementary thereto or any act of Congress heretofore or hereafter enacted permitting cooperation. (Added by Stats. 1953, Ch. 991.) - 35876. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. )
A water district’s cooperation and contract may be used for listed water-project purposes such as irrigation, drainage, flood control, water supply, and borrowing or repaying money from the United States.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. ) ## 35876. The cooperation and contract may be for any or all of the following purposes: (a) Acquisition, extension, or operation of works for irrigation or drainage or flood control. (b) A water supply. (c) Assumption as principal or guarantor of indebtedness to the United States. (d) To receive or borrow money from the United States and provide for the repayment thereof, for the purpose of constructing projects, distribution systems or other works for the district or for any distribution district or improvement district formed therein, which said works shall be used for the storage, regulation, control, development and distribution of water for the irrigation of land or for the use, control and distribution of drainage water within the district or for flood control purposes. (Amended by Stats. 1957, Ch. 1935.) - 35877. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. )
Districts may carry out and perform the terms of any contract made under this section.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. ) ## 35877. Districts may carry out and perform the terms of any contract so made. (Added by Stats. 1953, Ch. 991.) - 35878. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. )
A district has the same powers, rights, and privileges as irrigation districts, and may exercise them in the same way under the Irrigation District Federal Cooperation Law.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. ) ## 35878. To carry out the preceding sections of this article a district has all powers, rights, and privileges possessed by irrigation districts and may exercise those powers, rights, and privileges in the same manner as irrigation districts as provided in the Irrigation District Federal Cooperation Law. (Added by Stats. 1953, Ch. 991.) - 35879. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. )
If part of the Irrigation District Federal Cooperation Law is unconstitutional, the rest of the law as adopted by reference here still remains valid.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. ) ## 35879. If any provision of the Irrigation District Federal Cooperation Law is held unconstitutional, that decision shall not affect the validity of the adoption by reference in this article of the remaining portions of that law. (Added by Stats. 1953, Ch. 991.) - 35880. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. )
If a district and the United States make a contract under this chapter, the land that may be charged with taxes or assessments under the contract must be designated and described.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. ) ## 35880. In any contract made between a district and the United States pursuant to this chapter, the land which may be charged with any taxes or assessments under the contract shall be designated and described. (Added by Stats. 1953, Ch. 991.) - 35881. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. )
A proposal to enter into a contract with the United States for any purpose other than obtaining a water supply must be authorized at an election.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. ) ## 35881. A proposal to enter into a contract with the United States for any purpose other than obtaining a water supply shall be authorized at an election. (Added by Stats. 1957, Ch. 1935.) - 35882. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. )
Election proceedings must follow the procedure used for issuing general obligation bonds, as far as that procedure applies.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. ) ## 35882. Proceedings at the election shall be had insofar as applicable in the manner provided in the case of issuance of general obligation bonds. (Added by Stats. 1957, Ch. 1935.) - 35883. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. )
The notice for the election must state the election time and place, the purpose of the election, a brief statement of the contract’s general purpose, and the amount to be paid to the United States under the contract.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. ) ## 35883. Notice of the election shall specify: a. The time and place of the election. b. The purpose of the election. c. A brief statement of the general purpose of the contract. d. The amount of money to be paid to the United States under the contract. (Added by Stats. 1957, Ch. 1935.) - 35884. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. )
Ballots for the election must include a brief statement of the contract’s general purpose and the amount to be paid to the United States, and must print “Yes” and “No” on separate lines beside or below that statement.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. ) ## 35884. The ballots at the election shall contain a brief statement of the general purpose of the contract substantially as stated in the notice of election and the amount of money to be paid to the United States under the contract. To the right of or below the statement on the ballot, the words “Yes” and “No” shall be printed on separate lines, with voting targets. (Amended by Stats. 2025, Ch. 303, Sec. 53. (AB 1512) Effective January 1, 2026.) - 35886. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. )
The board may execute the contract for the district if two-thirds of the votes cast at the election favor it.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 5. POWERS AND PURPOSES [35300 - 35886] ( Part 5 added by Stats. 1951, Ch. 390. ) ## CHAPTER 6. Cooperation With the United States [35875 - 35886] ( Chapter 6 added by Stats. 1953, Ch. 991. ) ## 35886. The board may execute the contract on behalf of the district if two-thirds of the votes cast at the election favor the contract. (Amended by Stats. 1991, Ch. 1226, Sec. 65.) - 359. Verify source ↗
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Water Shortage Emergencies [350 - 359] ( Chapter 3 added by Stats. 1953, Ch. 140. )
A public water agency may use certain federal drought-relief funds without an election if it gets a four-fifths governing-body vote and meets listed conditions.
## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3. Water Shortage Emergencies [350 - 359] ( Chapter 3 added by Stats. 1953, Ch. 140. ) ## 359. (a) Notwithstanding any other provision of law that requires an election for the purpose of authorizing a contract with the United States, or for incurring the obligation to repay loans from the United States, and except as otherwise limited or prohibited by the California Constitution, a public water agency, as an alternative procedure to submitting the proposal to an election, upon affirmative vote of four-fifths of the members of the governing body thereof, may apply for, accept, provide for the repayment together with interest thereon, and use funds made available by the federal government pursuant to Public Law 95-18, pursuant to any other federal act subsequently enacted during 1977 that specifically provides emergency drought relief financing, or pursuant to existing federal relief programs receiving budget augmentations in 1977 for drought assistance, and may enter into contracts that are required to obtain those federal funds pursuant to the provisions of those federal acts if the following conditions exist: (1) The project is undertaken by a state, regional, or local governmental agency. (2) As a result of the severe drought now existing in many parts of the state, the agency has insufficient water supply needed to meet necessary agricultural, domestic, industrial, recreational, and fish and wildlife needs within the service area or area of jurisdiction of the agency. (3) The project will develop or conserve water before October 31, 1978, and will assist in mitigating the impacts of the drought. (4) The agency affirms that it will comply, if applicable, with Sections 1602, 1603, and 1605 of the Fish and Game Code. (5) The project will be completed on or before the completion date, if any, required under the federal act providing the funding, but not later than March 1, 1978. (b) Any obligation to repay loans shall be expressly limited to revenues of the system improved by the proceeds of the contract. (c) No application for federal funds pursuant to this section shall be made on or after March 1, 1978. (d) Notwithstanding the provisions of this section, a public agency shall not be exempt from any provision of law that requires the submission of a proposal to an election if a petition requesting such an election signed by 10 percent of the registered voters within the public agency is presented to the governing board within 30 days following the submission of an application for federal funds. (e) Notwithstanding the provisions of this section, a public water agency that applied for federal funds for a project before January 1, 1978, may make application to the Director of the Drought Emergency Task Force for extension of the required completion date specified in paragraph (5) of subdivision (b). Following receipt of an application for extension, the Director of the Drought Emergency Task Force may extend the required completion date specified in paragraph (5) of subdivision (b) to a date not later than September 30, 1978, if the director finds that the project has been delayed by factors not controllable by the public water agency. If the Drought Emergency Task Force is dissolved, the Director of Water Resources shall exercise the authority vested in the Director of the Drought Emergency Task Force pursuant to this section. (f) For the purposes of this section, “public water agency” means a city, district, agency, authority, or any other political subdivision of the state, except the state, that distributes water to the inhabitants thereof, is otherwise authorized by law to enter into contracts or agreements with the federal government for a water supply or for financing facilities for a water supply, and is otherwise required by law to submit those agreements or contracts or any other project involving long-term debt to an election within that public water agency. (Amended by Stats. 2006, Ch. 538, Sec. 668. Effective January 1, 2007.) - 35900. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. )
The treasurer must receive all money belonging to the district and hold it to the district’s credit for its use and benefit.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## 35900. The treasurer shall receive to the credit of the district and in trust for its use and benefit all the money belonging to the district. (Added by Stats. 1951, Ch. 390.) - 35901. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. )
Money belonging to the district, or money the district is entitled to, must be paid to the treasurer when received.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## 35901. All money belonging to the district, or to which the district is entitled, shall, when received, be paid by the person receiving it to the treasurer. (Added by Stats. 1951, Ch. 390.) - 35902. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. )
The treasurer must create a general obligation bond fund and a general fund for the district, then apportion district money to those funds in the manner stated here.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## 35902. The treasurer shall establish for the district a general obligation bond fund and a general fund and shall apportion the district money to the funds as follows: (a) To the general obligation bond fund, that portion of the money received from the collection of assessments or from the sale of property for delinquent assessments which bears the same proportion to the total amount received from the collection of assessments or from the sale of property for delinquent assessments as that portion of the estimate of the board on which the assessment was based which is required for the payment of general obligation bonds and the interest thereon bears to the whole amount of the estimate. (b) To the general fund, the balance of all money received. (Added by Stats. 1951, Ch. 390.) - 35903. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. )
Money in the general obligation bond fund must be used to pay bonds and interest, and not for any other purpose until the district’s bonded debt is fully discharged.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## 35903. The money placed in the general obligation bond fund shall be used for the payment of bonds and of the interest thereon and until the total bonded indebtedness of the district is discharged shall not be used for any other purpose. (Added by Stats. 1951, Ch. 390.) - 35903.5. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. )
The treasurer may move excess money from the general obligation bond fund to the general fund, but only for the Fern Valley Water District.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## 35903.5. (a) Notwithstanding the provisions of Section 35903, any amount in the general obligation bond fund in excess of the amount needed to pay principal and interest on bonds during the then current fiscal year and the succeeding fiscal year may be transferred by the treasurer to the general fund. (b) This section shall apply only to the Fern Valley Water District. (Added by Stats. 1979, Ch. 269.) - 35904. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. )
The treasurer may deposit money belonging to a district under the general laws for depositing public money.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## 35904. Any money belonging to a district may be deposited by the treasurer pursuant to the general laws governing the deposit of public money. (Added by Stats. 1951, Ch. 390.) - 35905. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. )
If a district deposit is insured by the FDIC, the bank does not have to provide additional security for the insured portion.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## 35905. Where the deposit of money is insured by the Federal Deposit Insurance Corporation no additional security need be required from the bank for the portion of the district’s deposits so insured. (Added by Stats. 1951, Ch. 390.) - 35906. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. )
The treasurer may not pay out district money unless the board has drawn and executed a warrant, except for payments of bonds and bond interest.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## 35906. Except for the payment of bonds and the interest thereon district money shall not be paid out by the treasurer unless a warrant therefor has been drawn and executed by the board. (Added by Stats. 1951, Ch. 390.) - 35907. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. )
Warrants are written contracts for payment of money, and an action on warrants payable on demand must be started within four years after issuance.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## 35907. Warrants are contracts in writing for the payment of money and an action based on warrants payable on demand shall be commenced within four years from the date of their issuance. (Amended by Stats. 1959, Ch. 2041.) - 35908. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. )
In a mandate proceeding to compel the board to issue a warrant, the court must proceed like other civil actions and must issue a writ for any amount found due.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## 35908. In any proceeding for a writ of mandate to compel the board to issue a warrant, the court shall proceed as in other civil actions and shall cause a writ to issue for any sum found to be due. (Added by Stats. 1951, Ch. 390.) - 35909. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. )
The board of directors may create a bond reserve fund.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## 35909. The board of directors may provide for a bond reserve fund for the purpose of payment of the principal of or interest on bonds of the district as the same shall become due. Except as otherwise provided in the resolution providing for the issuance of said bonds and so long as any of said bonds are outstanding, any moneys set aside in said bond reserve fund shall be used solely to pay the principal of or interest on said bonds as the same shall become due, in the event and to the extent that other available moneys of the district are insufficient therefor. When all of the principal of or interest on said bonds has been paid, the balance of the money remaining in the bond reserve fund shall be transferred to the general fund. (Added by Stats. 1959, Ch. 891.) - 35910. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. )
A bond reserve fund may be created from bond sale proceeds, and related estimates, ballot language, and post-sale handling must reflect that choice.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## 35910. All or any portion of a bond reserve fund may be established out of the proceeds of the sale of said bonds. In such case the estimate referred to in Section 35950 shall include or make provision for such bond reserve fund and the ballot cast at the bond election shall contain a statement to the effect that all or part of said bond reserve fund is to be established from the proceeds of said bonds. Upon the delivery of and payment for said bonds, the portion of the proceeds provided for said bond reserve fund shall be set aside therein. (Added by Stats. 1959, Ch. 891.) - 35911. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. )
A bond issuance resolution may create a bond reserve fund, funded in whole or part by water charges or annual assessments.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## 35911. The resolution providing for the issuance of bonds may provide for a bond reserve fund to be established, in whole or in part, from water charges or annual assessments, or both. In such event said water charges or annual assessments, in addition to the other amounts required or authorized to be included therein, shall include such amount or amounts as shall be provided by said resolution for said bond reserve fund, and upon collection thereof said amount or amounts shall be set aside in said bond reserve fund. (Added by Stats. 1959, Ch. 891.) - 35912. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. )
The Irvine Ranch Water District may invest or reinvest capital facilities replacement funds in certain real estate in Orange County, but the total amount invested cannot exceed 30% of those funds.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Funds and Warrants [35900 - 35912] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## 35912. Notwithstanding any other provision of law, the Irvine Ranch Water District may invest or reinvest its capital facilities replacement funds in real estate and interests therein and improvements thereon, located within the County of Orange, as an investment for the production of income. The total aggregate amount of those investments shall not exceed 30 percent of the district’s total capital facilities replacement funds. (Added by Stats. 1989, Ch. 395, Sec. 1.) - 35950. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. )
The board must promptly after district formation prepare and adopt a plan of works and estimate how much money must be raised for bond purposes.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 35950. The board shall, as soon after the formation of the district as is practicable, prepare and adopt a plan of works and estimate the amount of money it is necessary to raise for the purposes for which bonds may be issued. Such plan shall be adopted in the manner hereinafter provided. (Amended by Stats. 1980, Ch. 6, Sec. 4. Effective February 4, 1980.) - 35950.1. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. )
After adopting a plan of works, the board may change or supplement it by resolution if it decides the works will benefit all affected territory, and it may revise the amount of money needed.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 35950.1. After the board has adopted a plan of works it may thereafter by resolution change or supplement the plan if it determines that the works described in the plan as changed or supplemented will benefit all the territory within the district or improvement district, including any territory annexed thereto since the adoption of the original plan of works, and may revise its estimate of the amount of money it is necessary to raise for that purpose. Any such changes or supplements shall be accomplished in the manner hereinafter provided. (Amended by Stats. 1992, Ch. 1020, Sec. 32. Effective January 1, 1993.) - 35950.2. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. )
If the board decides to adopt, change, or supplement a plan of works, it must pass a resolution covering the items listed in this section.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 35950.2. If the board determines to adopt a plan of works, or that it is necessary to change or supplement a plan of works previously adopted for a district or an improvement district, it shall adopt a resolution stating the following: (a) The intention of the board to adopt a plan of works, or to change or supplement a previously adopted plan of works. (b) A description of the purpose of the plan, or of the original purpose of the plan and a general description of the proposed change or supplement. (c) The estimated expense of carrying out the plan of works, or any change in the estimated expense of carrying out the plan of works by reason of the change or supplement. (d) If general obligation bonds are to be issued and sold for the purpose of providing funds to carry out the plan of works or the change or supplement of a plan of works previously adopted, that assessments for carrying out said purpose shall be levied exclusively on the lands of the district or improvement district including any territory annexed thereto. (e) If revenue bonds are to be issued and sold for the purpose of providing funds to carry out the plan of works or change or supplement of a plan of works previously adopted, that only the revenues derived from the operation of such works shall be pledged to the payment of principal and interest on such bonds and that no tax or assessment shall ever be levied or collected to pay principal or interest on such bonds. (f) That a map of the exterior boundaries of the district or an improvement district is on file with the secretary of the district and is available for inspection by any person or persons interested. (g) The time and place of the hearing by the board in regard to the proposed plan, or to the proposed change or supplement, and the benefit or lack thereof to the lands within the district or an improvement district. (Amended by Stats. 1980, Ch. 6, Sec. 5. Effective February 4, 1980.) - 35950.3. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. )
Notice of the hearing must be given by newspaper publication and by posting in three public places, with the first publication at least 14 days before the hearing.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 35950.3. Notice of said hearing shall be given by publishing a copy of the resolution provided for in Section 35950.2 in a newspaper of general circulation published in each affected county, pursuant to Section 6066 of the Government Code; the first publication to be at least fourteen (14) days prior to the time fixed for the hearing. Said notice shall also be given by posting a copy of said resolution in three public places within the district or the improvement district for at least fourteen (14) days prior to the time fixed for said hearing. No notice other than that required by this section need be given. (Added by Stats. 1968, Ch. 104.) - 35950.4. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. )
The board must hold the hearing, state the estimated cost and purpose of the plan, and update the estimate specifically if it changes. Interested persons may appear and be heard at the hearing.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 35950.4. At the time and place so fixed or at any time or place to which the hearing is continued, the board shall hold the hearing provided for by the resolution at which hearing any person interested, including all persons owning land in the district or improvement district to which the hearing pertains, may appear and be heard concerning any matters set forth in the resolution or any matters material thereto. At the conclusion of the hearing on the proposed plan, or the proposed changes or supplements, the board may, by resolution, adopt the proposed plan of works, or amend the plan of works previously adopted in accordance with the proposed changes or supplements. The board shall set forth the estimated cost of carrying out any plan of works and the purpose to be accomplished. If there is any change in the estimate of cost of carrying out the plan of works and the purpose is to be accomplished, the amended total of the estimated expense shall be set forth specifically. (Amended by Stats. 1992, Ch. 1020, Sec. 33. Effective January 1, 1993.) - 35950.5. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. )
If previously authorized bonds and a higher project estimate exist, the board may call a special bond election in the district or improvement district.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 35950.5. If the issuance of bonds has been authorized previously by the district or by the district for an improvement district and the change or supplement to the plan of works has increased the original estimate of cost, the board may provide for and call a special bond election within the district or the improvement district to submit to the voters of the district or the improvement district a proposition of whether or not additional indebtedness shall be incurred and bonds issued therefor in an amount which, when added to the amount of unissued bonds previously authorized to accomplish the original plan of works, will not exceed the revised estimate of cost set forth in the resolution approving the change or supplement to the plan of works. Said proposition need only refer to the amended plan, state the amount of additional bonds to be authorized, and indicate that previously authorized bonds will be issued to carry out the amended plan. Said proposition need not state the amount of unissued bonds previously authorized. In any such instance, the special bond election provided for herein shall be called, noticed, held, conducted and the results thereof canvassed in substantially the same manner as provided for in this division for bond elections. (Amended by Stats. 1980, Ch. 6, Sec. 6. Effective February 4, 1980.) - 35950.7. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. )
Bonds authorized to carry out the amended district or improvement district plan must be issued and sold the same way, and on the same terms and conditions, as the district’s general obligation bonds.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 35950.7. Any bonds authorized to accomplish the amended plan of the district or improvement district shall be issued and sold in the same manner and upon the same terms and conditions as general obligation bonds of the district. (Amended by Stats. 1980, Ch. 6, Sec. 8. Effective February 4, 1980.) - 35951. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. )
Bonds may be issued to finance specified water-district purposes, including works, property, funds for contractual commitments, operating funds, warrant redemption, and other purposes of the division.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 35951. Bonds may be issued for the purposes of acquiring or constructing works for irrigation, domestic, municipal, and industrial water supply, acquiring the necessary property for these works, acquiring funds to fulfill contractual commitments to carry out the powers and purposes of the district contained in contracts with other agencies, including contractual commitments entered into pursuant to Section 35850.5, acquiring all or part of the operating funds for the district (the total amount of such funds so acquired not to exceed at any time an amount equal to the total operating costs of the district for a two-year period as estimated by its board), acquiring any property necessary for the purposes of the district, redeeming any outstanding warrants of the district issued for the acquisition or construction of works of the district and otherwise carrying out the provisions of this division. (Amended by Stats. 1974, Ch. 860.) - 35953. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. )
When the treasurer receives bonds from the board, the treasurer must credit them to the district and keep a record of the bonds, payments, and interest in the required book.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 35953. When the treasurer receives the bonds from the board, he shall place them to the credit of the district and keep a record of the bonds, the payment thereof, and the interest thereon, in a book provided for that purpose. (Added by Stats. 1951, Ch. 390.) - 35954. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. )
A district may issue additional bonds when necessary or proper, using the same method as the original bond issue.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [35950 - 35954] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 35954. A district may, when necessary or proper, issue additional bonds in the same manner as provided for the original issue for any one or more of the following purposes: (a) To complete works. (b) To acquire property or property rights necessary or proper to complete the works. (c) To supply the land with sufficient water for irrigation, domestic, industrial, and municipal purposes. (d) To make additions to the works. (e) To refund any issue of bonds previously made. (Amended by Stats. 1955, Ch. 1329.) - 35975. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Lien of Bonds [35975- 35975.] ( Article 2 added by Stats. 1951, Ch. 390. )
By default, the bonds and their interest are paid from an annual assessment on land or from substitute charges set by the board.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Lien of Bonds [35975- 35975.] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 35975. Unless otherwise provided in the proceedings for the issuance of the bonds, they and the interest on them shall be paid from an annual assessment upon land or charges which in the discretion of the board are fixed and collected in lieu thereof and all land shall be and remain liable to the assessed for these payments. (Amended by Stats. 1957, Ch. 53.) - 35995. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Sale and Exchange of Bonds [35995 - 35998.1] ( Article 3 added by Stats. 1951, Ch. 390. )
The board must provide ways and means for the sale of bonds.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Sale and Exchange of Bonds [35995 - 35998.1] ( Article 3 added by Stats. 1951, Ch. 390. ) ## 35995. The board shall provide ways and means for the sale of bonds. (Added by Stats. 1951, Ch. 390.) - 35996. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Sale and Exchange of Bonds [35995 - 35998.1] ( Article 3 added by Stats. 1951, Ch. 390. )
The board may issue and sell bonds, use sealed-bid notice, reject unsatisfactory bids, and make a private sale in some cases.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Sale and Exchange of Bonds [35995 - 35998.1] ( Article 3 added by Stats. 1951, Ch. 390. ) ## 35996. (a) The bonds, or any part thereof, may be issued and sold as the board determines. (b) Before selling the bonds, or any part thereof, the board may give notice inviting sealed bids in such manner as the board may prescribe. If satisfactory bids are received, the bonds offered for sale shall be awarded to the highest responsible bidder. If no bids are received, or if the board determines that the bids received are not satisfactory as to price or responsibility of the bidders, the board may reject all bids received, if any, and either readvertise or sell the bonds at private sale. (c) In the alternative, the board may, if it determines that to do so would produce a lower interest cost on the bonds, sell bonds at a private sale without first advertising for bids. (Amended by Stats. 1991, Ch. 1226, Sec. 66.) - 35997. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Sale and Exchange of Bonds [35995 - 35998.1] ( Article 3 added by Stats. 1951, Ch. 390. )
A district generally may not sell or exchange its bonds for less than par value plus accrued interest, except as otherwise provided in Section 36170.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Sale and Exchange of Bonds [35995 - 35998.1] ( Article 3 added by Stats. 1951, Ch. 390. ) ## 35997. Except as otherwise provided in Section 36170, a district shall not sell or exchange any of its bonds for less than par value plus the accrued interest thereon. (Added by Stats. 1951, Ch. 390.) - 35998. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Sale and Exchange of Bonds [35995 - 35998.1] ( Article 3 added by Stats. 1951, Ch. 390. )
When district bonds are sold, the treasurer must deliver the purchased bonds to the buyer after receiving the purchase price, accrued interest, and any premium bid.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Sale and Exchange of Bonds [35995 - 35998.1] ( Article 3 added by Stats. 1951, Ch. 390. ) ## 35998. When any bonds are sold by the district, the treasurer shall deliver the bonds purchased to the purchaser upon receiving the purchase price of said bonds plus the accrued interest on said bonds and the premium, if any, bid by the purchaser. (Amended by Stats. 1955, Ch. 1329.) - 35998.1. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Sale and Exchange of Bonds [35995 - 35998.1] ( Article 3 added by Stats. 1951, Ch. 390. )
Money from bond interest, premiums, and sale proceeds must be placed into specified funds and used only for the stated bond purposes.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Sale and Exchange of Bonds [35995 - 35998.1] ( Article 3 added by Stats. 1951, Ch. 390. ) ## 35998.1. The accrued interest and premium, if any, shall be placed in the general obligation bond fund. The purchase price of said bonds shall be placed in the proper improvement fund and applied exclusively to the purposes for which said bonds were voted. When said purposes have been accomplished any moneys remaining in said improvement fund shall be transferred to the general obligation bond fund and when all principal of and interest on said bonds has been paid, the balance of money then remaining in the general obligation bond fund shall be transferred to the general fund. (Added by Stats. 1955, Ch. 1329.) - 36050. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 5. Validating Proceedings [36050- 36050.] ( Article 5 repealed and added by Stats. 1961, Ch. 1486. )
An action to determine the validity of bonds may be brought under the referenced civil procedure chapter.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 5. Validating Proceedings [36050- 36050.] ( Article 5 repealed and added by Stats. 1961, Ch. 1486. ) ## 36050. An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Repealed and added by Stats. 1961, Ch. 1486.) - 36060. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 6. Refunding Bonds [36060 - 36064] ( Article 6 added by Stats. 1983, Ch. 676, Sec. 1. )
This article applies only to four named water districts, and “District” in this article means one of those districts.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 6. Refunding Bonds [36060 - 36064] ( Article 6 added by Stats. 1983, Ch. 676, Sec. 1. ) ## 36060. This article applies only to the Irvine Ranch, Moulton-Niguel, Rancho California, and Santa Margarita Water Districts. “District” as used in this article means the Irvine Ranch Water District, the Moulton-Niguel Water District, the Rancho California Water District, or the Santa Margarita Water District. (Amended by Stats. 1986, Ch. 398, Sec. 1. Effective July 17, 1986.) - 36061. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 6. Refunding Bonds [36060 - 36064] ( Article 6 added by Stats. 1983, Ch. 676, Sec. 1. )
A district may issue additional bonds when necessary or proper, and may issue refunding bonds without a vote of the qualified electors.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 6. Refunding Bonds [36060 - 36064] ( Article 6 added by Stats. 1983, Ch. 676, Sec. 1. ) ## 36061. A district may, when necessary or proper, issue additional bonds in the same manner as provided for the original issue for any one or more of the following purposes: (a) To accomplish one or more of the purposes specified in Section 35954. (b) To refund any issue of bonds previously made. Refunding bonds may be issued pursuant to Article 9 (commencing with Section 53550) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, without submitting the question of issuance of the refunding bonds to a vote of the qualified electors. (Added by Stats. 1983, Ch. 676, Sec. 1. Effective September 11, 1983.) - 36062. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 6. Refunding Bonds [36060 - 36064] ( Article 6 added by Stats. 1983, Ch. 676, Sec. 1. )
A district may file an action to validate issuance of remaining voter-authorized bonds if its board has approved the bond issuance by resolution.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 6. Refunding Bonds [36060 - 36064] ( Article 6 added by Stats. 1983, Ch. 676, Sec. 1. ) ## 36062. A district may bring an action pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure or pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure to validate the issuance of any or all of the remaining bonds which were authorized by the voters at any given election, if the district’s board of directors has adopted a resolution authorizing the issuance of the remaining bonds of the authorization, inclusive of any refunding bonds that might be issued therefor under Section 36063, in such series and at such times as the board may, in its discretion, determine, and at the interest rates as may be authorized by law at the time of issuance, including, but not limited to, Article 8 (commencing with Section 53540) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code. The terms of a judgment obtained in a proceeding hereunder may include a ruling that the validation shall automatically incorporate any change made in the interest rate set forth in Article 8 (commencing with Section 53540) of Part 1 of Division 2 of Title 5 of the Government Code by a later-enacted statute. Any action commenced under this section may be filed either in a superior court or in a district court of appeals. (Added by Stats. 1983, Ch. 676, Sec. 1. Effective September 11, 1983.) - 36063. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 6. Refunding Bonds [36060 - 36064] ( Article 6 added by Stats. 1983, Ch. 676, Sec. 1. )
The board may refund outstanding bonds if prudent management requires it, but must use any savings only to reduce related assessments or charges.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 6. Refunding Bonds [36060 - 36064] ( Article 6 added by Stats. 1983, Ch. 676, Sec. 1. ) ## 36063. (a) Whenever the board of directors determines that prudent management of the fiscal affairs of the district so requires, it may refund by defeasing or calling for redemption any outstanding bonds, subject to all of the following: (1) The last-maturing refunding bonds shall mature not later than the date on which the last-maturing bonds being refunded would have matured. (2) Refunding bonds shall not be issued unless the total interest cost to maturity of the refunding bonds added to the principal amount of those refunding bonds will be less than the total interest cost to maturity of the bonds being refunded added to the principal amount of the bonds being refunded. If any of the refunding bonds or the bonds being refunded, or both, bear or may bear interest at a variable rate, thereby making the actual total interest cost to maturity indeterminable in advance of maturity, the determination required by this paragraph may consist of a finding made by the board based on substantial evidence, which means evidence that is reasonable, credible, and of solid value and ponderable legal significance, based upon the record as a whole. The test in Section 53552 of the Government Code need not be met if the determination in this paragraph is made. (3) The savings achieved through the refunding of bonds shall be used by the board of directors solely to reduce the assessments or charges, or both, which are fixed and collected for the payment of principal of, and interest on, the refunding bonds. The reductions to reflect the savings in any fiscal year shall be made not later than the next succeeding fiscal year. (b) The refunding bonds shall be issued according to Article 9 (commencing with Section 53550) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code. (c) When the originally issued bonds have been refunded, the refunding bonds shall thereafter take the place of, and be deemed for all purposes to be, the bonds corresponding to the portion of the authorization by the voters from which the refunded bonds were originally issued and shall be payable from the same funds as those refunded bonds. Following the refunding, the same portion of the corresponding voter authorization as was previously canceled by issuance of the refunded bonds shall remain canceled and shall be deemed to be the amount of indebtedness issued from the voter authorization representing the refunding bonds. However, refunding bonds issued under this section shall be used only for the purpose of reducing debt service costs on bonds issued from indebtedness approved by the voters prior to July 1, 1978, or refunding bonds issued in place thereof under this section. (d) Notwithstanding Section 53569 of the Government Code and Section 35996 of this code, if the board of directors determines that to do so would be consistent with prudent management of the district’s fiscal affairs, the board may sell refunding bonds issued under this section at private sale without advertising for bids. (e) The disbursement of the proceeds of the refunding bonds, pursuant to this section, shall be at the direction of the board of directors or the district’s authorized officers. (Amended by Stats. 1985, Ch. 645, Sec. 2. Effective September 17, 1985.) - 36063.5. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 6. Refunding Bonds [36060 - 36064] ( Article 6 added by Stats. 1983, Ch. 676, Sec. 1. )
This section limits certain investment firms and bond counsel involved in a new bond issue, requires a written financial-advisory document and non-percentage compensation, and allows injunctive relief for violations.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 6. Refunding Bonds [36060 - 36064] ( Article 6 added by Stats. 1983, Ch. 676, Sec. 1. ) ## 36063.5. (a) The following terms shall have the following meanings for purposes of this section: (1) “Bond counsel” means any attorney or firm of attorneys that represents the issuer of a new issue of bonds with respect to the issuance of the bonds and that renders a written legal opinion to, or as counsel for, the issuer with respect to the validity of the bonds. (2) “Bond” means any bonds, notes, or other evidences of indebtedness issued by a district, or certificates of participation in any lease, sale, or other obligations of a district. “New issue of bonds” means the original issuance of bonds by a district to one or more purchasers until, in the case of underwriters, the end of the underwriting period. In the case of bonds with a tender or put option feature, or commercial paper, “new issue of bonds” means only the original issuance and not any remarketing, rollover, or reissuance. (3) A “financial advisory relationship” exists when an investment firm, or other person or firm in the business of providing financial advisory or financial consulting services to issuers with respect to municipal securities, renders, or enters into an agreement to render, financial advisory or financial consultant services to, or on behalf of, an issuer with respect to a new issue or issues of bonds, including advice with respect to the structure, timing, terms, and other similar matters concerning the issue or issues, for a fee or other compensation or in expectation of such compensation for the rendering of those services. However, a financial advisory relationship does not exist when, in the course of acting as an underwriter, an investment firm renders advice to an issuer, including advice with respect to the structure, timing, terms, and other similar matters concerning a new issue of bonds or when, for any new issue of bonds, an investment firm advises and assists an issuer with respect to obtaining consent from holders of previously issued bonds in connection with, among other things, amendments of covenants or defaults. (4) “Investment firm” means any bank, investment bank, partnership, corporation, association, or other firm engaged in the business of buying and selling bonds for its own account or for the account of others as part of its regular business. (b) No investment firm that has, or has had, a financial advisory relationship with respect to a new issue of bonds shall acquire as principal either alone or as a participant in a syndicate or other similar account formed for the purpose of purchasing, directly or indirectly, from the issuer all or any portion of the issue, or arrange for the acquisition or participation by a person controlling, controlled by, or under common control with the investment firm, unless the issue is to be sold by the issuer at competitive bid and the issuer has, prior to the bid, expressly consented in writing to the acquisition or participation. The limitations and requirements set forth in this section also apply to any investment firm controlling, controlled by, or under common control with the investment firm having a financial advisory relationship. The use of the term “indirectly” in this section does not preclude any investment firm which has a financial advisory relationship with respect to a new issue of bonds from purchasing any of those bonds from an underwriter, either for its own trading account or for the account of its customers, except to the extent that the purchase is made to contravene the purpose and intent of this section. (c) Each financial advisory relationship shall be evidenced by a written document executed prior to, upon, or promptly after the inception of the financial advisory relationship, or promptly after the creation or selection of the issuer if the issuer does not exist or has not been determined at the time the relationship commences. That written document shall set forth the basis of compensation for the financial advisory services to be rendered, which shall be on a basis other than as a percentage of the amount of the bonds to be sold. (d) No bond counsel with respect to a new issue of bonds shall also be counsel, with respect to that new issue of bonds, to the underwriter or other initial purchaser of the bonds. This section does not preclude the bond counsel from rendering one or more opinions to the underwriter or purchaser with respect to the bonds, the documents or laws pursuant to which the bonds are issued, the official statement, offering circular, or other disclosure document describing the bonds, or any related matter, if the opinion is rendered as bond counsel and not as counsel to the underwriter or purchaser. (e) Injunctive relief shall be available, subject to judicial discretion, to prohibit or enjoin any violation of this section, but no violation shall affect the authority, validity, or enforceability of bonds. (Added by Stats. 1985, Ch. 645, Sec. 2.5. Effective September 17, 1985.) - 36064. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 6. Refunding Bonds [36060 - 36064] ( Article 6 added by Stats. 1983, Ch. 676, Sec. 1. )
Refunding bond proceeds may be invested in certain permitted securities, but not in district-issued securities, and the escrow or trust must be funded enough to pay the refunded bonds when due.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Provisions Relating to All Bonds [35950 - 36064] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 6. Refunding Bonds [36060 - 36064] ( Article 6 added by Stats. 1983, Ch. 676, Sec. 1. ) ## 36064. Bonds may be refunded by defeasance or call for redemption, subject to all of the following requirements: (a) Notwithstanding Sections 53557 and 53585 of the Government Code, the proceeds of the sale of refunding bonds deposited in escrow or trust may be invested or reinvested in any combination of federal securities and securities permitted by subdivisions (c) and (d) of Section 53635 of the Government Code, except that investment and reinvestment of the proceeds shall not be permitted in securities issued by the district or on behalf of any of its improvement districts. The ratings of any securities permitted by subdivision (d) of Section 53635 of the Government Code in which the escrow or trust is invested or reinvested, or debt service insurance or other credit enhancement with respect to those securities, or any combination thereof, shall produce a rating on those securities when acquired equivalent to the highest long-term debt rating category of either Moody’s Investors Service, Inc., or Standard and Poor’s Corporation. Notwithstanding Section 53584 of the Government Code, the securities may be acquired from the issuer thereof or any other source approved by the board. (b) The escrow or trust shall be established in an amount sufficient to pay when due the principal of, redemption premium, if any, and interest on, the bonds being refunded. Securities in the escrow or trust may be exchanged or sold and the proceeds used to purchase other securities only when the escrow agent or trustee holding the fund deems the exchange or sale necessary to maintain the ability to pay when due the principal of, redemption premium, if any, and interest on, the bonds being refunded. If the escrow or trust becomes insufficient to pay the principal, redemption premium, if any, and interest when due, the board may, to the extent of the insufficiency, augment the escrow or trust from assessments or charges, or both, fixed and collected for that purpose, notwithstanding Section 53561 of the Government Code and Section 36063 of this code. (c) Notwithstanding Section 53583 of the Government Code, the bonds being refunded need not be called and paid at the first or any subsequent date on which the bonds may legally be called, if the board determines that to do so would be consistent with prudent management of the district’s fiscal affairs. (Added by Stats. 1985, Ch. 340, Sec. 1. Effective July 29, 1985.) - 36150. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [36150 - 36153] ( Article 1 added by Stats. 1951, Ch. 390. )
If a general obligation bond issue is planned, the Section 35950 estimate must include district expenses and bond interest that are likely to come due within one year after the irrigation works are completed, if district funds are insufficient.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [36150 - 36153] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36150. If a general obligation bond issue is contemplated, there shall be included in the estimate required by Section 35950 every expense of the district that it is probable will be incurred and become payable before the expiration of one year from the completion of the irrigation works, including the interest on any bonds of the district due and payable prior to that date, for which the money of the district then in the treasury or thereafter to be received from an assessment previously levied is inadequate. (Added by Stats. 1951, Ch. 390.) - 36153. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [36150 - 36153] ( Article 1 added by Stats. 1951, Ch. 390. )
A district may issue general obligation bonds for qualifying facility construction, but the bonds must follow this section’s special issuance and security rules.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [36150 - 36153] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36153. In addition to any and all other provisions of this division and any other applicable laws for the issuance of general obligation bonds by a district, general obligation bonds may be issued by a district if the proceeds are to be used to construct facilities in compliance with an order adopted by the State Department of Health Services pursuant to Chapter 4 (commencing with Section 116275) of Part 12 of Division 104 of the Health and Safety Code. Bonds issued pursuant to this section shall be issued by a district as otherwise provided in this division without regard to the election procedures of Chapter 3 (commencing with Section 35150) of Part 4 and shall be secured by unlimited ad valorem assessments on land in the district without regard to any limitations set forth in Chapter 3 (commencing with Section 2201) of Part 4 of Division 1 of the Revenue and Taxation Code. If 50 percent or more of the voters within the district or if the owners of 50 percent or more of the assessed valuation within the district submit written protests to the district secretary within the 30 days after the date the board adopts the resolution authorizing the issuance of the bonds, the proceedings for the issuance of bonds pursuant to this section shall be terminated and no further proceedings shall be taken pursuant to this section for a period of at least one year. (Amended by Stats. 2004, Ch. 183, Sec. 366. Effective January 1, 2005.) - 36170. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Sale and Exchange of Bonds [36170 - 36172] ( Article 2 added by Stats. 1951, Ch. 390. )
The board may order general obligation bonds sold, but the sale price must be at least 90% of par value.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Sale and Exchange of Bonds [36170 - 36172] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 36170. The board may order general obligation bonds sold at not less than 90 percent of par value when the board deems it for the best interest of the district to do so. (Added by Stats. 1951, Ch. 390.) - 36171. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Sale and Exchange of Bonds [36170 - 36172] ( Article 2 added by Stats. 1951, Ch. 390. )
General obligation bonds may be exchanged dollar for dollar for State bonds.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Sale and Exchange of Bonds [36170 - 36172] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 36171. General obligation bonds may be exchanged dollar for dollar for bonds of the State. (Added by Stats. 1951, Ch. 390.) - 36172. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Sale and Exchange of Bonds [36170 - 36172] ( Article 2 added by Stats. 1951, Ch. 390. )
State bonds received for general obligation bonds must be credited to the district and sold as the board directs, at no less than par value.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Sale and Exchange of Bonds [36170 - 36172] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 36172. Bonds of the State that may be received for general obligation bonds shall be placed to the credit of the district to be sold as the board may direct, for not less than par value. (Added by Stats. 1951, Ch. 390.) - 36190. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
The board may prescribe the form of general obligation bonds.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36190. General obligation bonds shall be in such form as may be prescribed by the board. (Amended by Stats. 1955, Ch. 1329.) - 36191. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
General obligation bonds must be payable in lawful money of the United States.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36191. General obligation bonds shall be payable in lawful money of the United States. (Repealed and added by Stats. 1951, Ch. 1756.) - 36192. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
General obligation bonds must be numbered consecutively, and their dates may be set by the board.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36192. Each issue or series of an issue of general obligation bonds shall be numbered consecutively, and the bonds of each issue or series of an issue shall be numbered consecutively from lower to higher as they mature and bear such date as may be prescribed by the board. (Amended by Stats. 1955, Ch. 1329.) - 36193. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
General obligation bonds must be signed by the president and attested by the secretary.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36193. General obligation bonds shall be signed by the president and attested by the secretary. (Added by Stats. 1951, Ch. 1756.) - 36194. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
The board may तयermine the denomination or denominations of general obligation bonds.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36194. General obligation bonds shall be of such denomination or denominations as the board may prescribe. (Amended by Stats. 1963, Ch. 736.) - 36195. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
General obligation bonds may be paid at times and places set by the board, but they cannot mature more than 40 years after their date.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36195. General obligation bonds shall be payable at such time or times and place or places as may be designated by the board, but in no case shall the maturity of any bond be more than 40 years from its date. (Amended by Stats. 1955, Ch. 1329.) - 36196. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
A general obligation bond must be payable at a specified time for its full face value, not as a percentage of that value.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36196. Each general obligation bond shall be made payable at a given time for its full face value and not for a percentage thereof. (Added by Stats. 1951, Ch. 1756.) - 36197. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
A general obligation bond is payable when due if the holder presents and surrenders it to the treasurer.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36197. A general obligation bond shall be payable when due upon presentation and surrender thereof to the treasurer by the holder. (Added by Stats. 1951, Ch. 1756.) - 36198. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
General obligation bonds may bear interest only up to 8% per year, and the board may set whether it is paid annually or semiannually.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36198. General obligation bonds shall bear interest at a rate not in excess of 8 percent per annum payable annually or semiannually as may be prescribed by the board. (Amended by Stats. 1975, Ch. 130.) - 36199. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
The board may prescribe where interest on general obligation bonds is paid, but payment is due only when the proper coupons are presented and surrendered.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36199. The interest on general obligation bonds shall be payable at such place or places as may be prescribed by the board upon the presentation and surrender of the proper coupons. (Amended by Stats. 1955, Ch. 1329.) - 36200. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
The board may prescribe the form of interest coupons.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36200. The interest coupons shall be in such form as may be prescribed by the board. (Amended by Stats. 1955, Ch. 1329.) - 36201. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
Interest coupons must be attached to the bonds, match the bonds’ numbers, and be signed by the secretary.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36201. Coupons for each installment of interest shall be attached to the bonds, numbered the same as the bonds, and signed by the secretary. (Amended by Stats. 1955, Ch. 1329.) - 36202. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
Bond and coupon signatures may be mechanically reproduced, but one bond signature must be manually affixed.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36190 - 36202] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36202. All the signatures on the bond or coupons may be printed, lithographed or otherwise mechanically reproduced, except that one of the signatures on the bond shall be manually affixed. (Added by Stats. 1955, Ch. 1329.) - 36210. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Destruction and Redemption of Bonds [36210 - 36215] ( Article 4 added by Stats. 1951, Ch. 390. )
If a district has unsold general obligation bonds that do not need to be sold to raise funds, the board may ask voters at an election whether the bonds should be destroyed.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Destruction and Redemption of Bonds [36210 - 36215] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36210. Whenever a district has any of its unsold general obligation bonds which it is not necessary to sell for the purpose of raising funds, the board may, at a general election, or at a special election called for the purpose, submit the proposition of whether or not the bonds should be destroyed. (Added by Stats. 1951, Ch. 390.) - 36211. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Destruction and Redemption of Bonds [36210 - 36215] ( Article 4 added by Stats. 1951, Ch. 390. )
Election notices for destroying general obligation bonds must include three specified amounts, plus the Section 35002 notice requirements.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Destruction and Redemption of Bonds [36210 - 36215] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36211. The notice of the election at which general obligation bonds are proposed to be destroyed shall specify, in addition to the requirements provided in Section 35002: (a) The amount of the bonded indebtedness authorized. (b) The amount of the bonds remaining unsold. (c) The amount of bonds proposed to be destroyed. (Added by Stats. 1951, Ch. 390.) - 36212. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Destruction and Redemption of Bonds [36210 - 36215] ( Article 4 added by Stats. 1951, Ch. 390. )
If a two-thirds vote favors destroying unsold general obligation bonds when the election vote is canvassed, the president must destroy the bonds in the presence of a majority of the board.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Destruction and Redemption of Bonds [36210 - 36215] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36212. If at the time the vote cast at the election is canvassed a two-thirds majority of the votes cast upon the proposition favors the destruction of the unsold general obligation bonds, the president, in the presence of a majority of the members of the board, shall destroy the bonds. (Amended by Stats. 1955, Ch. 1329.) - 36213. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Destruction and Redemption of Bonds [36210 - 36215] ( Article 4 added by Stats. 1951, Ch. 390. )
Destroyed general obligation bonds must be deducted from the total amount authorized to be issued, and destroyed bonds may not be reprinted or reissued.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Destruction and Redemption of Bonds [36210 - 36215] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36213. The amount of the general obligation bonds destroyed shall be deducted from the total amount authorized to be issued and no part of the bonds destroyed shall thereafter be reprinted or reissued. (Added by Stats. 1951, Ch. 390.) - 36213.1. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Destruction and Redemption of Bonds [36210 - 36215] ( Article 4 added by Stats. 1951, Ch. 390. )
If unsold general obligation bonds have not been printed, an election must be held to decide whether authority to issue and sell them is revoked.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Destruction and Redemption of Bonds [36210 - 36215] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36213.1. If the unsold general obligation bonds shall not have been printed, the election provided for in this article shall be called and held to determine whether the authority to issue and sell said unprinted bonds shall be revoked. If two-thirds of the votes cast upon the proposition favor such revocation, the authority to issue and sell said unprinted bonds shall be revoked, the amount thereof deducted from the total amount authorized to be issued, and no part of said bonds shall thereafter be printed or issued. (Added by Stats. 1955, Ch. 1329.) - 36214. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Destruction and Redemption of Bonds [36210 - 36215] ( Article 4 added by Stats. 1951, Ch. 390. )
If district funds exceed what is needed for listed irrigation, property, and debt obligations, the board may direct the treasurer to use the excess to redeem sold general obligation bonds.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Destruction and Redemption of Bonds [36210 - 36215] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36214. Whenever the funds of the district are in excess of the amount necessary to complete the construction of the irrigation works or to acquire the property and rights in property necessary therefor, to supply all the land with sufficient water for irrigation purposes, and to pay every obligation of the district that is due and payable or that will, or probably will, become due and payable before the expiration of two years from the date on which the last preceding tax of the district was levied, the board may direct the treasurer to pay with the excess, specifying the amount, the portion of the sold general obligation bonds of the district as the excess sum of money will redeem at the lowest value at which they may be obtained for liquidation. (Added by Stats. 1951, Ch. 390.) - 36215. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Destruction and Redemption of Bonds [36210 - 36215] ( Article 4 added by Stats. 1951, Ch. 390. )
Sections 36303, 36304, 36305, and 36348 also apply to general obligation bonds.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Provisions Relating to General Obligation Bonds Only [36150 - 36215] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Destruction and Redemption of Bonds [36210 - 36215] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36215. The provisions of Sections 36303, 36304, 36305 and 36348 shall also be applicable to general obligation bonds. (Added by Stats. 1955, Ch. 1329.) - 36250. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 1. General [36250- 36250.] ( Article 1 added by Stats. 1970, Ch. 1458. )
This chapter’s bond provisions are supplemental to other applicable laws for issuing general obligation bonds by a district or an improvement district.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 1. General [36250- 36250.] ( Article 1 added by Stats. 1970, Ch. 1458. ) ## 36250. The provisions of this chapter are in addition to any and all other provisions of this division, the California Water District Law, and any other applicable laws for the issuance of general obligation bonds by a district or an improvement district thereof. (Added by Stats. 1970, Ch. 1458.) - 36251. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. )
If the board decides to issue general obligation bonds under this chapter, it must prepare and adopt a plan of works and an estimate of the money needed.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. ) ## 36251. In the event the board determines to provide for the issuance of general obligation bonds under the provisions of this chapter, it shall prepare and adopt a plan of works and an estimate of the amount of money necessary to raise for such purposes for which bonds may be issued. The estimate required pursuant to this section shall include every expense of the district which it is probable will be incurred and become payable before the expiration of one year from the completion of the works, including the interest on any bonds of the district to be due and payable prior to the date for which the money of the district then in the treasury or thereafter to be received from an assessment previously levied is inadequate. (Added by Stats. 1970, Ch. 1458.) - 36252. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. )
Bonds may be issued to fund specified water district purposes, including works, facilities, property, contractual commitments, operating funds, and other division purposes.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. ) ## 36252. Bonds may be issued for the purposes of acquiring or constructing works for irrigation, domestic, municipal and industrial water supply and to furnish facilities and services within or without the district to the extent provided for in Section 35500 for the collection, treatment and disposal of sewage, waste and storm water including the acquisition of necessary property for these works, acquiring funds to fulfill contractual commitments to carry out the powers and purposes of the district contained in contracts with other agencies, acquiring all or part of the operating funds for the district, the total amount of such funds so acquired not to exceed at any time an amount equal to the total operating costs of the district for a two-year period as estimated by its board, acquiring any property necessary for the purposes of the district, and otherwise carrying out the provisions of this division. (Added by Stats. 1970, Ch. 1458.) - 36253. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. )
After receiving the plan of works, the board may approve or modify it and may adopt a resolution declaring its intention to issue general obligation bonds.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. ) ## 36253. Subsequent to the receipt of the plan of works provided for in Section 36251, the board may approve or modify the proposed plan of works, and thereafter by the adoption of a resolution may declare its intention to issue general obligation bonds to acquire or construct improvements described in the approved plan of works and to issue general obligation bonds of the district, or on behalf of an improvement district thereof, the interest and principal of which shall be paid by annual ad valorem taxes on the taxable land within the district or improvement district. In such case the resolution shall state the following: (a) It is the intention of the board to acquire or construct improvements described in the approved plan of works and to issue general obligation bonds, the proceeds of which shall be used to pay the expenses thereof as set forth in the estimate provided for in Section 36251. (b) A description of the purpose of the plan. (c) The estimated expense of carrying out the plan of works. (d) Assessments for carrying out such purpose shall be levied exclusively on the lands of the district or improvement district, including any territory annexed thereto. (e) A map of the exterior boundaries of the district or improvement district is on file with the secretary of the district and is available for inspection by any person or persons interested. (f) The date, time and place of the hearing by the board in regard to the foregoing plan at which time the board will, thereupon, determine the benefit or lack thereof to the lands within the district or improvement district thereof and, at which time all interested persons will be heard and written protests, if any, will be considered. (Added by Stats. 1970, Ch. 1458.) - 36254. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. )
Notice of the hearing must be published, posted, and mailed at least 14 days before the hearing, and no extra notice is required.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. ) ## 36254. Notice of such hearing shall be given by publishing a copy of the resolution provided for in Section 36253 in a newspaper of general circulation, published in each affected county, pursuant to Section 6066 of the Government Code, the first publication to be at least 14 days prior to the time fixed for hearing. Such notice shall also be given by posting a copy of the resolution in three public places within the district or the improvement district, for at least 14 days prior to the time fixed for the hearing. Also notice thereof shall be given by certified mailing a certified copy of the resolution to each property owner shown on the last equalized assessment roll. The mailing of such notices shall be completed not less than 14 days prior to the hearing. No other notice other than that required by this section need be given. (Added by Stats. 1970, Ch. 1458.) - 36255. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. )
A property owner liable to be assessed may file a written protest before the hearing deadline, and the protest must be in writing, identify the property, and be delivered to the district secretary.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. ) ## 36255. At any time not later than the hour set for hearing objections to the proposed plan of works and the issuance of general obligation bonds therefor, any owner of property liable to be assessed therefor may make written protest. Such protest shall be in writing, shall contain a description of the property in which each signer has an interest, sufficient to identify the same and if the signers are not shown on the last equalized assessment roll as the owners of such property, such protest shall contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the secretary of the district. (Amended by Stats. 1980, Ch. 676, Sec. 322.) - 36256. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. )
The board must hear and decide protests at the hearing, may adjourn the hearings, and a written protest may be withdrawn by the owner in writing before the hearing ends or is adjourned.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. ) ## 36256. At the time set for hearing protests, the board shall hear and pass upon all protests made as provided for in Section 36254 and its decision shall be final and conclusive. The board may adjourn the hearings from time to time and any written protest may be withdrawn by an owner making the same in writing at any time prior to the conclusion of the hearing or any such adjournment thereof. (Added by Stats. 1970, Ch. 1458.) - 36257. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. )
If a qualifying majority protest is made and remains in place, the board must end the bond proceedings and cannot continue them for one year.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. ) ## 36257. If a majority written protest is made pursuant to Section 36255 against the plan of works, the proposed issuance of general obligation bonds therefor or the amount thereof, and the board finds that the protest is made by either one-half or more of the area proposed to be assessed for the payment of the general obligation bonds proposed to be issued, or more than one-half of the assessed valuation of the land within the boundaries of the district or the improvement district to be assessed for the payment of the interest and principal of the general obligation bonds proposed to be issued, and such protests are not withdrawn so as to reduce the same to less than a majority in either instance, the proceedings shall be terminated and no further proceedings shall be taken for a period of one year from the date of the decision of the board on the hearing. (Added by Stats. 1970, Ch. 1458.) - 36258. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. )
The board uses the last equalized assessment roll to decide whether a majority written protest has been made, and it does not have to look at other evidence of property ownership.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. ) ## 36258. The last equalized assessment roll shall be used as a basis for determining whether or not a majority written protest has been made. The board shall be under no duty to obtain or consider any other evidence as to ownership of property and its determination of ownership shall be final and conclusive. (Added by Stats. 1970, Ch. 1458.) - 36259. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. )
After the hearing, if the board finds the lands will be benefited and no majority protest was received, it may issue general obligation bonds up to the Section 36251 estimate.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. ) ## 36259. If at the conclusion of the hearing the board determines that all of the lands included within the district and the boundaries of the improvement district described in the plan of works will be benefited and a majority protest as provided for in this article has not been received, the board may thereafter issue general obligation bonds of the district or the improvement district in an amount not in excess of the estimate provided for in Section 36251. Any bonds authorized to be issued to accomplish the plan of works as provided for in Section 36251 for the district or for an improvement district shall be issued and sold in the same manner and upon the same terms and conditions as other general obligation bonds of the district. (Added by Stats. 1970, Ch. 1458.) - 36260. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. )
Bonds issued under this section, and the interest on them, must be paid the same way as bonds issued for a district or improvement district of a California water district under the division.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. ) ## 36260. Bonds issued hereunder and interest which accrues thereon shall be paid in a manner identical to bonds issued on behalf of a district or improvement district of a California water district as otherwise provided in this division. (Added by Stats. 1970, Ch. 1458.) - 36261. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. )
The Special Assessment Investigation, Limitation and Majority Protest Act of 1931 does not apply to proceedings under this chapter.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. ) ## 36261. The Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply to any proceedings under this chapter. (Added by Stats. 1970, Ch. 1458.) - 36262. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. )
The board may issue general obligation bonds without a vote of the electors or a further hearing if the section’s conditions are met.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds [36250 - 36262] ( Chapter 3.5 added by Stats. 1970, Ch. 1458. ) ## ARTICLE 2. Authorization of Bonds and Issuance [36251 - 36262] ( Article 2 added by Stats. 1970, Ch. 1458. ) ## 36262. The board may, without a vote of the electors, or without a further hearing, provide for the issuance of, and issue, general obligation bonds of a district or for an improvement district thereof in accordance with the following: (a) The principal amount of such bonds does not exceed the then unissued balance of the principal amount of bonds of a district, or of such improvement district, authorized pursuant to the provisions of this chapter prior to January 1, 1974. (b) The bonds are issued for the purpose set forth in the plan of works adopted for such authorized bonds or as such plan of works may be modified pursuant to Article 1 (commencing with Section 35950) of Chapter 2 of this part. (c) The bonds are issued in accordance with the provisions of this division, except for the requirement of a bond election or notice and hearing. Bonds issued pursuant to this section shall be secured by unlimited ad valorem assessments on land in the district or in the improvement district without regard to any limitations set forth in Chapter 3 (commencing with Section 2201) of Part 4 of Division 1 of the Revenue and Taxation Code. When bonds are issued pursuant to this section, unissued bonds as referred to in subdivisions (a) and (b) in a principal amount at least equal to the principal amount of bonds issued pursuant to this section, shall be canceled by order of the board and shall not be issued. (Added by Stats. 1974, Ch. 1376.) - 36300. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [36300 - 36305] ( Article 1 added by Stats. 1951, Ch. 390. )
If a revenue bond issue is planned, the district’s estimate must include probable expenses tied to the bond purpose, and certain operating funds may be acquired only up to a two-year operating-cost limit.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [36300 - 36305] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36300. If a revenue bond issue is contemplated, there shall be included in the estimate required by Section 35950 every expense of the district that it is probable will be incurred for and limited to the purpose of acquiring or constructing works for irrigation, domestic, municipal, and industrial water supply and to furnish facilities and services within or without the district to the extent provided for in Section 35500 for the collection, treatment, and disposal of sewage, waste, and storm water, including the acquisition of necessary property and property rights therefor, acquiring funds to fulfill contractual commitments to carry out the powers and purposes of the district contained in contracts with other agencies, acquiring all or part of the operating funds for the district, the total amount of such funds so to be acquired not to exceed an amount equal to the total operating costs of the district for a two-year period as estimated by its board, including the interest on such bonds to be due and payable prior to the date on which revenues of the district will be available for the payment thereof, acquiring any property necessary for the purposes of the district and otherwise carry out the provisions of this division. (Amended by Stats. 1980, Ch. 6, Sec. 9. Effective February 4, 1980.) - 36301. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [36300 - 36305] ( Article 1 added by Stats. 1951, Ch. 390. )
The district must issue revenue bonds in its name, and those bonds are obligations of the district, limited to bond payment, redemption, and interest from district revenues or another district-prescribed portion.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [36300 - 36305] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36301. Revenue bonds shall be issued in the name of the district and shall be obligations of the district, limited, however, to the payment or redemption of the revenue bonds and the payment of interest thereon from the revenues of the district, or such portion thereof as may be prescribed by the district by order or by contract. (Added by Stats. 1951, Ch. 390.) - 36302. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [36300 - 36305] ( Article 1 added by Stats. 1951, Ch. 390. )
Revenue bonds are not treated as a general debt, liability, or obligation of the district.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [36300 - 36305] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36302. Revenue bonds are not a general debt, liability, or obligation of the district. (Added by Stats. 1951, Ch. 390.) - 36303. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [36300 - 36305] ( Article 1 added by Stats. 1951, Ch. 390. )
The board may let revenue bonds be called and redeemed before maturity, if the bond resolution says so, and the redemption premium may not exceed 6% of par.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [36300 - 36305] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36303. The board may, in the resolution authorizing the issuance of revenue bonds, provide that the bonds or any part thereof shall be subject to call and redemption before maturity, at the option of the district, at such price or prices as may be fixed in the resolution, not exceeding a premium of 6 percent of the par value of the revenue bonds so subject to redemption. (Added by Stats. 1951, Ch. 1756.) - 36304. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [36300 - 36305] ( Article 1 added by Stats. 1951, Ch. 390. )
Revenue bonds that can be called or redeemed before maturity must state that on their face, and they may not be called or redeemed before maturity unless they include that recital.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [36300 - 36305] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36304. Revenue bonds issued subject to call and redemption prior to maturity shall contain a recital to that effect on the face of the revenue bonds, and no revenue bond shall be subject to call or redemption prior to its fixed maturity date unless it contains such recital. (Added by Stats. 1951, Ch. 1756.) - 36305. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [36300 - 36305] ( Article 1 added by Stats. 1951, Ch. 390. )
When authorizing revenue bonds, the board must तय? fix how redemption notice will be given and the redemption price or prices.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Bond Issuance [36300 - 36305] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36305. The board in its resolution authorizing the issuance of revenue bonds shall fix the method of giving notice of redemption to the holders of revenue bonds to be redeemed and the price or prices at which the revenue bonds shall be subject to redemption. (Added by Stats. 1951, Ch. 1756.) - 36320. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Lien of Bonds [36320 - 36323] ( Article 2 added by Stats. 1951, Ch. 390. )
Revenue bond principal and interest may be secured only by the revenues pledged for that purpose.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Lien of Bonds [36320 - 36323] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 36320. The payment of both principal and interest of revenue bonds shall be secured only by the revenues pledged therefor. (Amended by Stats. 1980, Ch. 6, Sec. 10. Effective February 4, 1980.) - 36321. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Lien of Bonds [36320 - 36323] ( Article 2 added by Stats. 1951, Ch. 390. )
A holder of a revenue bond may not force the use of taxing power to pay the bond or its interest.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Lien of Bonds [36320 - 36323] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 36321. No holder of any revenue bond may ever compel any exercise of the taxing power to pay the bond, interest thereon, or any part of either. (Added by Stats. 1951, Ch. 390.) - 36322. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Lien of Bonds [36320 - 36323] ( Article 2 added by Stats. 1951, Ch. 390. )
Revenue bonds of the same issue get priority over later bonds and later claims against the pledged revenue, subject to superior existing rights.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Lien of Bonds [36320 - 36323] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 36322. All revenue bonds of the same issue shall, subject to the prior and superior rights of outstanding bonds, claims, or obligations, and notwithstanding anything to the contrary contained in Section 35471, have a prior and paramount lien on the revenue pledged for the payment or redemption thereof and the payment of interest thereon over and ahead of all revenue bonds of any issue which may be subsequently issued and over and ahead of any claims or obligations of any nature against the revenue subsequently arising or subsequently incurred. This section shall not prohibit the district from making provisions, at the time of issuance and sale of revenue bonds, for the subsequent issuance of parity lien bonds. (Amended by Stats. 1980, Ch. 6, Sec. 11. Effective February 4, 1980.) - 36323. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Lien of Bonds [36320 - 36323] ( Article 2 added by Stats. 1951, Ch. 390. )
Revenue bonds of the same issue must be secured equally and without priority by a lien on the district’s revenue.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Lien of Bonds [36320 - 36323] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 36323. All revenue bonds of the same issue shall be equally and ratably secured without priority by reason of number, date of bonds, of sale, of execution, or of delivery, by a lien on the district’s revenue in accordance with the provisions of this division and the resolutions authorizing the issuance of the bonds. (Added by Stats. 1951, Ch. 390.) - 36340. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
The board may prescribe the form of revenue bonds and their attached interest coupons.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36340. Revenue bonds and interest coupons attached thereto shall be in such form as may be prescribed by the board. (Repealed and added by Stats. 1951, Ch. 1756.) - 36341. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
Each revenue bond must state that it is secured only by pledged revenues, is not a general debt of the district, and may be called and redeemed before maturity if the board has provided for that.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36341. The face of each revenue bond shall state: (a) That the payment or redemption of the bond and the payment of the interest thereon is secured solely by a first and direct charge and lien upon all or the portion, as prescribed by the district by order or by contract, of the revenues pledged therefor. (b) That neither the payment of all or any part of the principal or interest thereon is a general debt, liability, or obligation of the district. (c) That the bond is subject to call and redemption prior to maturity, if the board has so provided. (Amended by Stats. 1980, Ch. 6, Sec. 12. Effective February 4, 1980.) - 36342. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
Revenue bonds must be payable in lawful money of the United States.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36342. Revenue bonds shall be payable in lawful money of the United States. (Repealed and added by Stats. 1951, Ch. 1756.) - 36343. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
Revenue bond issues must be numbered consecutively, and the bonds in each issue must be numbered in order as they mature. The board may prescribe the bond date.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36343. Each issue of revenue bonds shall be numbered consecutively and the bonds of each issue shall be numbered consecutively from lower to higher as they mature and shall bear such date as may be prescribed by the board. (Repealed and added by Stats. 1951, Ch. 1756.) - 36344. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
For a revenue bond, the date printed on its face counts as the issuance date, even if the bond is delivered later.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36344. The date appearing upon the face of a revenue bond shall be deemed to be the date of issuance irrespective of the subsequent delivery of the bond. (Added by Stats. 1951, Ch. 1756.) - 36345. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
Revenue bonds must be signed by the president and attested by the secretary, and the secretary must sign the related interest coupons.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36345. Revenue bonds shall be signed by the president and attested by the secretary, and interest coupons appertaining thereto shall be signed by the secretary. (Added by Stats. 1951, Ch. 1756.) - 36346. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
Bond or coupon signatures may be mechanically reproduced, but one signature must be manually affixed.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36346. All the signatures on the bond or coupons may be printed, lithographed, engraved, or otherwise mechanically reproduced, except that one of the signatures shall be manually affixed. (Added by Stats. 1951, Ch. 1756.) - 36347. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
The district may affix its seal to revenue bonds by mechanical reproduction.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36347. The seal of the district may be affixed to the revenue bonds by mechanical reproduction thereof. (Added by Stats. 1951, Ch. 1756.) - 36348. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
If the signing officer leaves office before the bonds are delivered to the purchaser, the signature still remains valid for all purposes.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36348. If any officer whose signature appears on any revenue bond or coupon ceases to be such officer of the district before the delivery of the bonds to the purchaser, his signature on the bond or coupon is valid and sufficient for all purposes with like force and effect as though he had remained in office until the actual delivery of the bonds and payment of the purchase price thereof. (Added by Stats. 1951, Ch. 1756.) - 36349. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
The board may set the denomination or denominations of revenue bonds.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36349. Revenue bonds shall be of such denomination or denominations as the board may prescribe. (Amended by Stats. 1963, Ch. 736.) - 36350. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
The board may set the time and place for paying revenue bonds, but no bond may mature more than 40 years after its date.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36350. Revenue bonds shall be payable at such time and place as may be designated by the board, but in no case shall the maturity of any bond be more than 40 years from its date. (Added by Stats. 1951, Ch. 1756.) - 36351. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
Every revenue bond must be payable at a fixed time for its full amount, not as a percentage.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36351. Every revenue bond shall be payable at a given time for its entire amount and not for a percentage thereof. (Added by Stats. 1951, Ch. 1756.) - 36352. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. )
Revenue bonds may bear interest only up to 8% per year, and the board may set whether interest is paid annually or semiannually.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Miscellaneous Provisions [36340 - 36352] ( Article 3 repealed and added by Stats. 1951, Ch. 1756. ) ## 36352. Revenue bonds shall bear interest at a rate not in excess of 8 percent per annum, payable annually or semiannually as may be prescribed by the board. (Amended by Stats. 1975, Ch. 130.) - 36360. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Action to Secure Payment of Revenue Bonds [36360 - 36368] ( Article 4 added by Stats. 1951, Ch. 390. )
Bondholders with at least 25% of an unpaid revenue bond issue may go to superior court if bond payments have been in default for at least one year.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Action to Secure Payment of Revenue Bonds [36360 - 36368] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36360. Bondholders owning or holding 25 percent or more of any outstanding and unpaid issue of revenue bonds may, when payments of principal or interest, or both, have been in default for not less than one year, institute proceedings in the superior court of the principal county to compel the district to fix and collect sufficient charges for the sale of water for the irrigation of land to pay when due the principal and interest of revenue bonds. (Added by Stats. 1951, Ch. 390.) - 36361. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Action to Secure Payment of Revenue Bonds [36360 - 36368] ( Article 4 added by Stats. 1951, Ch. 390. )
A complaint must name the district as a defendant, state that specified bond payments were in default for more than one year, and ask the court for default findings and receiver-related relief.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Action to Secure Payment of Revenue Bonds [36360 - 36368] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36361. The complaint shall: (a) Name the district as a defendant. (b) State that on the date therein named bond principal payments, interest thereon, or both, were in default for a period of more than one year. (c) Pray: (1) That the district be adjudged in default of payments of its obligations as they mature. (2) That a receiver be appointed by the court to manage and conduct the affairs of the district, fix and collect charges for the sale of water for the irrigation of the land sufficient to pay all accumulated and unpaid revenue bond principal and interest charges. (3) That the receiver be vested with such other duties as the court may determine to be for the best interests of the district and the owners and holders of its outstanding and unpaid revenue bonds. (Added by Stats. 1951, Ch. 390.) - 36362. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Action to Secure Payment of Revenue Bonds [36360 - 36368] ( Article 4 added by Stats. 1951, Ch. 390. )
The summons must be served by publishing it once a week for four weeks in a newspaper of general circulation in each affected county.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Action to Secure Payment of Revenue Bonds [36360 - 36368] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36362. The summons in the proceeding shall be served by publishing a copy thereof once a week for four weeks in a newspaper of general circulation published in each affected county. (Added by Stats. 1951, Ch. 390.) - 36363. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Action to Secure Payment of Revenue Bonds [36360 - 36368] ( Article 4 added by Stats. 1951, Ch. 390. )
Any person may appear and answer the complaint within 30 days after publication of the summons is completed and proof is filed with the court.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Action to Secure Payment of Revenue Bonds [36360 - 36368] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36363. Within 30 days after publication of the summons has been completed and proof filed with the court any person may appear and answer the complaint. (Added by Stats. 1951, Ch. 390.) - 36364. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Action to Secure Payment of Revenue Bonds [36360 - 36368] ( Article 4 added by Stats. 1951, Ch. 390. )
After 60 days from completed publication of summons and filing proof with the court, if the default still exists, the court must take jurisdiction over the district’s affairs and appoint a receiver.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Action to Secure Payment of Revenue Bonds [36360 - 36368] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36364. On the expiration of 60 days after the publication of summons has been completed and proof filed with the court, after proof to the court that a default exists and continues, the court shall assume jurisdiction over the affairs of the district and appoint a receiver for the purposes set forth in the complaint. (Added by Stats. 1951, Ch. 390.) - 36365. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Action to Secure Payment of Revenue Bonds [36360 - 36368] ( Article 4 added by Stats. 1951, Ch. 390. )
The court’s jurisdiction over the district’s affairs continues until the default that led to the receiver’s appointment has been discharged.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Action to Secure Payment of Revenue Bonds [36360 - 36368] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36365. The jurisdiction of the court over the affairs of the district shall continue until the default for which the receiver was appointed has been discharged. (Added by Stats. 1951, Ch. 390.) - 36366. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Action to Secure Payment of Revenue Bonds [36360 - 36368] ( Article 4 added by Stats. 1951, Ch. 390. )
A receiver may only operate and maintain the district and may not dispose of district property except in the ordinary course of business.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Action to Secure Payment of Revenue Bonds [36360 - 36368] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36366. A receiver has no power to dispose of any part of the property of the district except in the ordinary course of business. The authority of a receiver is limited to the operation and maintenance of the district. (Added by Stats. 1951, Ch. 390.) - 36367. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Action to Secure Payment of Revenue Bonds [36360 - 36368] ( Article 4 added by Stats. 1951, Ch. 390. )
Courts may not enter orders or decrees that let a receiver sell, assign, mortgage, or otherwise dispose of or encumber the district or any part of it.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Action to Secure Payment of Revenue Bonds [36360 - 36368] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36367. No court has jurisdiction to enter any order or decree requiring or permitting a receiver to sell, assign, mortgage, or otherwise dispose of or encumber the district or any part thereof. (Added by Stats. 1951, Ch. 390.) - 36368. Verify source ↗
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Action to Secure Payment of Revenue Bonds [36360 - 36368] ( Article 4 added by Stats. 1951, Ch. 390. )
If all due obligations and interest have been paid and all defaults cured, the court must direct the receiver to give up control of the district’s affairs.
## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4. Provisions Relating to Revenue Bonds Only [36300 - 36368] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Action to Secure Payment of Revenue Bonds [36360 - 36368] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36368. Whenever all that is due upon all obligations and interest thereon which are a charge, lien, or encumbrance on the revenues of the district has been paid and all defaults have been cured and made good, the court, after such notice and hearing as it deems reasonable and proper, shall direct the receiver to surrender jurisdiction over the affairs of the district. (Added by Stats. 1951, Ch. 390.)
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