Water Code — Part 25 | WAT — United States — California law | Esheria

Water Code

Part 25 of 51 · provisions 4,801–5,000

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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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Provisions of Water Code

Showing 200 of 10,024

  1. 36380.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. )

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    Some water districts may issue revenue warrants if their facilities mainly serve agricultural water supplies and at least 51% of assessable acreage is zoned and developed for agricultural uses.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. ) ## 36380. A district whose facilities are for delivery primarily of agricultural water supplies and wherein at least 51 percent of the assessable acreage is zoned and developed for agricultural uses may issue revenue warrants pursuant to this chapter to obtain funds for any lawful purpose of the district, including the repayment of indebtedness of the district. A district may issue revenue warrants pursuant to this chapter in any year only if the district does not receive during such year its full contractual entitlement under a water supply contract with the United States, the State of California, or any other public agency, upon which contract the district relies for meeting a substantial portion of its water supply needs. (Added by Stats. 1977, Ch. 1117.)
  2. 36381.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. )

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    Revenue warrants may be secured by district revenues, and the board may place specified revenues under a lien or charge to secure principal and interest, but not 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. ) ## 36381. Revenue warrants shall be secured by all or part of the revenues received by the district from charges fixed pursuant to Section 35470 or from any other source other than assessments, and any such revenues may be pledged to the payment of revenue warrants. In the resolution authorizing issuance of revenue warrants, the board may subject such revenues as it specifies to a lien or charge to secure the payment of the principal of, and the interest on, revenue warrants, but such warrants shall be not secured by any lien or charge upon any assessment. (Added by Stats. 1977, Ch. 1117.)
  3. 36382.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. )

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    Revenue warrants must bear interest at no more than 8% per year, and the board may set whether interest is paid annually, semiannually, or partly both.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. ) ## 36382. Revenue warrants shall bear interest at a rate or rates not exceeding 8 percent per annum, payable annually or semiannually or in part annually and in part semiannually, as the board may prescribe. (Added by Stats. 1977, Ch. 1117.)
  4. 36383.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. )

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    Revenue warrants must mature on a schedule set by the board, and in any case no later than 10 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. ) ## 36383. Revenue warrants shall mature at such time or times as the board may prescribe, but not more than 10 years from the date of issuance. (Added by Stats. 1977, Ch. 1117.)
  5. 36384.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. )

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    Revenue warrants may be made redeemable before maturity on terms 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. ) ## 36384. Revenue warrants may be made subject to redemption prior to their fixed maturity date upon such terms, conditions and notice, and at such times and prices, as the board may determine prior to the issuance of such warrants. (Added by Stats. 1977, Ch. 1117.)
  6. 36385.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. )

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    Revenue warrants may be sold publicly or privately, on terms set by the board, and may be sold below par value; however, the sale price cannot produce more than an 8% average annual yield to the purchaser.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. ) ## 36385. Revenue warrants may be sold at either public or private sale upon such terms and conditions as the board may determine. Such warrants may be sold at less than their par or face value, but no revenue warrant may be sold at a price which would yield to the purchaser an average of more than 8 percent per annum, payable semiannually, according to standard tables of bond values. (Added by Stats. 1977, Ch. 1117.)
  7. 36386.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. )

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    Revenue warrants cannot be issued or sold until the board authorizes the issuance by a four-fifths vote.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. ) ## 36386. No revenue warrants shall be issued or sold until their issuance has been authorized by resolution of the board adopted by a four-fifths vote. (Amended by Stats. 1992, Ch. 1020, Sec. 37. Effective January 1, 1993.)
  8. 36386.1.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. )

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    If the board gets a qualifying petition within 30 days after adopting a revenue warrant resolution, it must call an election and put the resolution to district voters.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. ) ## 36386.1. If, after the board adopts the resolution to issue the revenue warrants and before 30 days thereafter, the board receives a petition containing the signatures of persons holding title to 10 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 issue revenue warrants to such voters for their approval or rejection. The election required by this section shall be called and noticed, held, and conducted in the same manner provided for bond elections in the district, excepting that a majority of the votes cast in favor of such resolution shall be required for the approval of such resolution. (Added by Stats. 1977, Ch. 1117.)
  9. 36387.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. )

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    The board may decide the form, denomination, execution, registration and exchange privileges, and payment locations for revenue warrants.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. ) ## 36387. The board may determine the form and denomination of revenue warrants, the manner of their execution, their registration and exchange privileges and the place or places of their payment. (Added by Stats. 1977, Ch. 1117.)
  10. 36388.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. )

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    The board may create special funds, a reserve fund, and appoint a fiscal agent for revenue warrants.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. ) ## 36388. The board, in a resolution authorizing the issuance of revenue warrants, may provide for special funds for the deposit and application of the proceeds of the warrants and for the deposit and application of revenues pledged to secure their payment. The board may provide for the establishment of a reserve fund from the proceeds of the revenue warrants or revenues pledged to their payment. The board may appoint a fiscal agent to hold any or all such funds in trust for the holders of revenue warrants and for the district. (Added by Stats. 1977, Ch. 1117.)
  11. 36389.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. )

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    The board may make covenants in a resolution authorizing revenue warrants.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. ) ## 36389. The board, in a resolution authorizing the issuance of revenue warrants, may covenant to operate and maintain the facilities producing the revenues pledged for the security of the revenue warrants, may covenant to fix, maintain, and collect tolls, charges, rates, or fees which will produce revenues sufficient to provide for the payment of the principal of and interest on the revenue warrants and to provide such additional sums for the further security of the revenue warrants as the resolution may prescribe, and may make such other covenants, with respect to insurance, investments of funds, accounting records, independent audits, events of default, limitations upon competitive facilities, and any other matters relating to the revenue warrants and their security as the board may deem necessary, convenient, or desirable in order better to secure the revenue warrants or to make them more marketable. (Added by Stats. 1977, Ch. 1117.)
  12. 36390.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. )

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    The board may let revenue warrant interest be paid for up to one year from the sale proceeds, if this is included in the resolution authorizing the warrants.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. ) ## 36390. The board, in a resolution authorizing the issuance of revenue warrants, may provide for paying the interest on the revenue warrants for a period of not more than one year out of the proceeds of the sale thereof. (Added by Stats. 1977, Ch. 1117.)
  13. 36391.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. )

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    A revenue warrant holder may use mandamus or another appropriate proceeding to compel specified district duties, unless the authorizing resolution provides otherwise.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. ) ## 36391. Except as otherwise provided in any resolution authorizing the issuance of revenue warrants, the holder of any revenue warrant may by mandamus, or other appropriate proceeding, require and compel the performance of any of the duties imposed upon the board, or upon any officer or employee of the district, in connection with the collection, deposit, investment, application, or disbursement of any revenues pledged for the security of the revenue warrants, or in connection with the deposit, investment, or disbursement of the proceeds received from the sale of the revenue warrants, or in connection with any covenants contained in the resolution authorizing the issuance of the revenue warrants. The enumeration of such rights and remedies does not, however, exclude the exercise or prosecution of any other rights or remedies available to the holders of revenue warrants. (Added by Stats. 1977, Ch. 1117.)
  14. 36392.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. )

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    A district may not issue revenue warrants under this chapter in any fiscal year if the total would exceed $4,000,000.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. ) ## 36392. Revenue warrants shall not be issued under this chapter by any district in any one fiscal year in excess of four million dollars ($4,000,000). (Added by Stats. 1977, Ch. 1117.)
  15. 36393.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. )

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    This chapter adds to a district’s existing power to borrow money, incur debt, and issue warrants, and it is not a limit on that power.

    ## 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 4.3. Revenue Warrants [36380 - 36393] ( Chapter 4.3 added by Stats. 1977, Ch. 1117. ) ## 36393. The provisions of this chapter shall constitute an addition to all other power of a district to borrow money, incur indebtedness, and issue warrants in connection therewith, and shall not be deemed a restriction or limitation on such other power. (Added by Stats. 1977, Ch. 1117.)
  16. 36400.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. )

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    A district may borrow money and incur debt through board action, without holding an election, unless Section 36402.1 provides otherwise.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. ) ## 36400. A district may borrow money and incur indebtedness as provided in this chapter by action of the board and without the necessity of calling and holding an election in the district, except as otherwise provided in Section 36402.1. (Amended by Stats. 1968, Ch. 164.)
  17. 36401.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. )

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    The district may incur indebtedness under this chapter for authorized spending 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. ) ## 36401. Indebtedness may be incurred pursuant to this chapter for any purpose for which the district is authorized to expend funds, including provisions for the payment of current expenses of the district and for the funding or refunding of any outstanding warrants. (Added by Stats. 1954, 1st Ex. Sess., Ch. 2.)
  18. 36402.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. )

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    District indebtedness under this chapter must be documented by warrants or negotiable notes, with payment times set by the board and interest capped at 8% per 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. ) ## 36402. Indebtedness incurred under this chapter shall be evidenced by warrants or negotiable notes of the district payable at stated times fixed by the board and bearing interest at a rate not exceeding 8 percent per annum, payable annually or semiannually. (Amended by Stats. 1976, Ch. 533.)
  19. 36402.1.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. )

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    Warrants or negotiable notes under this chapter are not valid unless voters approve them by majority vote at an election called by the board, except as provided in Section 36407.1.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. ) ## 36402.1. Except as provided in Section 36407.1, no warrants or negotiable notes issued pursuant to this chapter shall be valid unless their issuance is authorized by a majority of the voters voting at an election called by the board for the purpose of determining whether or not the warrants or negotiable notes shall be authorized. (Amended by Stats. 1976, Ch. 533.)
  20. 36402.2.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. )

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    The election notice must be given, the election must be held, and the result must be determined as nearly as practicable in the manner used for bond elections.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. ) ## 36402.2. Notice of the election shall be given and the election shall be held and the result determined as nearly as practicable in the manner provided for bond elections. (Added by Stats. 1968, Ch. 164.)
  21. 36402.3.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. )

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    The district may use proceeds from warrants or negotiable notes to buy back or redeem outstanding warrants or negotiable notes.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. ) ## 36402.3. The proceeds of such warrants or negotiable notes may be used and applied to the purchase or redemption of any outstanding warrants or negotiable notes of the district. (Amended by Stats. 1992, Ch. 1020, Sec. 38. Effective January 1, 1993.)
  22. 36403.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. )

    Verify source ↗

    Warrants must be issued in the district’s name only after a resolution is adopted by a four-fifths vote of all board members.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. ) ## 36403. Such warrants shall be issued in the name of the district after the adoption, by a four-fifths vote of all the members of the board, of a resolution setting forth the form of the warrant, the maturity date or dates thereof, and the manner of execution thereof. (Added by Stats. 1954, 1st Ex. Sess., Ch. 2.)
  23. 36404.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. )

    Verify source ↗

    The board may authorize certain warrants to be called and redeemed before maturity, but the resolution must set the redemption notice method and redemption prices, and the warrants must state this on their face.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. ) ## 36404. The board may, in its resolution authorizing the issuance of such warrants, provide that the warrants shall be subject to call and redemption prior to 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 warrants so subject to redemption. The resolution shall fix the method of giving notice of redemption to the holders of warrants to be redeemed and the price or prices at which the warrants shall be subject to redemption. Warrants so subject to call and redemption prior to maturity shall contain a recital to that effect on their face, and no warrant issued under this chapter shall be subject to call or redemption prior to its fixed maturity date unless it contains such recital. (Added by Stats. 1954, 1st Ex. Sess., Ch. 2.)
  24. 36405.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. )

    Verify source ↗

    The board prescribes the form and signature of bearer coupons, and those coupons may be attached to warrants issued under this chapter to evidence 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. ) ## 36405. Coupons payable to bearer shall be in a form and signed as prescribed by the board and may be attached to warrants issued under this chapter to evidence their interest. (Added by Stats. 1954, 1st Ex. Sess., Ch. 2.)
  25. 36406.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. )

    Verify source ↗

    Warrants or negotiable notes issued under this chapter must be offered for public sale after notice inviting sealed bids, and the sale cannot happen until 10 days after the notice is published or posted.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. ) ## 36406. Warrants or negotiable notes issued under this chapter shall be offered for public sale upon notice inviting sealed bids therefor. Such notice shall be given by publication pursuant to Section 6061 of the Government Code in a newspaper of general circulation printed and published in the district or if such a newspaper is not printed and published in the district by posting in three public places in the district, and the sale shall not be held before 10 days after such publication or posting. The board may reject all bids received on public sale and either readvertise or sell the warrants or negotiable notes at private sale, but no sale at private sale shall be made for less than the par value of the warrants or negotiable notes and accrued interest thereon. (Amended by Stats. 1976, Ch. 533.)
  26. 36407.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. )

    Verify source ↗

    The board must include required debt-payment amounts in its annual estimate, and the board of supervisors must set an assessment rate enough to cover those payments and any special fund amounts.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. ) ## 36407. Warrants or negotiable notes issued under this chapter and authorized by the voters pursuant to Section 36402.1 shall constitute general obligations of the district for the payment of both principal and interest of which all land in the district subject to assessment by the district shall be assessed without limitation of rate or amount. It shall be the duty of the board to include in its annual estimate filed with the board of supervisors all sums necessary to pay the principal of, and interest on, all warrants or negotiable notes issued under this chapter coming due during the next year, and any sums that the board shall direct to be set aside in a special fund for the future payment of principal of and interest on any outstanding warrants or negotiable notes issued under this chapter which will come due in any year following the next year. It shall be the duty of the board of supervisors, at the time and in the manner provided in this division for making the annual assessment, to fix an ad valorem rate of assessment sufficient to pay the principal of and interest on all warrants or negotiable notes issued under this chapter as the same become due, and the sums required for the special fund established by the board. Such ad valorem assessment shall be in addition to all other assessments in this division provided for and when collected shall be used for no purpose other than the payment of said warrants or negotiable notes and the interest thereon. (Amended by Stats. 1976, Ch. 533.)
  27. 36407.1.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. )

    Verify source ↗

    A district may issue warrants or negotiable notes payable within five years without voter approval, and those obligations must be paid from annual assessments and other district revenues.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. ) ## 36407.1. Warrants or negotiable notes payable in five years or less from the date of issuance may be issued under this section without the approval of the voters pursuant to Section 36402.1 and shall constitute obligations of the district payable from annual assessments and other revenues of the district and subject to the maximum property tax rate contained in Chapter 3 (commencing with Section 2201) of Part 4 of Division 1 of the Revenue and Taxation Code. (Amended by Stats. 1976, Ch. 533.)
  28. 36408.4.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. )

    Verify source ↗

    The district may issue warrants or negotiable notes payable at a future date to obtain funds or property for any lawful district purpose, but the total payable in any one year cannot exceed 0.25% of the district land valuation from the last equalized assessment roll.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. ) ## 36408.4. Warrants or negotiable notes payable at a future date or times may also be issued to obtain funds or property for any lawful purpose of the district; provided, the total amount of the warrants or negotiable notes payable in any one year shall not exceed one-fourth of one (1) percent of the total valuation of the land in the district according to the last equalized assessment roll. (Amended by Stats. 1992, Ch. 1020, Sec. 40. Effective January 1, 1993.)
  29. 36408.5.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. )

    Verify source ↗

    Warrants or negotiable notes must earn interest set by the board, capped at 8% per 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. ) ## 36408.5. Any warrant or negotiable notes authorized in the preceding section shall draw interest at a rate to be fixed by the board not to exceed eight (8) percent per year payable annually or semiannually as the board may prescribe. Negotiable notes shall be issued payable to bearer with a right of the district to provide for the registration and deregistration thereof in the same manner as bonds of the district. Interest coupons to bearer in a form and signed as prescribed by the board may be attached to such warrants or negotiable notes. (Amended by Stats. 1976, Ch. 533.)
  30. 36408.6.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. )

    Verify source ↗

    A district may issue warrants or negotiable notes for certain pre-assessment indebtedness, the board may set interest up to 8% per year, and the notes must be payable by the first July 1 after the first annual assessment is levied.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. ) ## 36408.6. Warrants or negotiable notes of any district may be issued to evidence the indebtedness allowed to be incurred prior to the levy of the first district assessment, bearing interest fixed by the board at not more than eight (8) percent per year. These warrants or negotiable notes shall be made payable on a date not later than the first day of July next after the first annual assessment in the district is levied. (Amended by Stats. 1976, Ch. 533.)
  31. 36408.7.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. )

    Verify source ↗

    A district may borrow against unsold authorized bonds and issue bond anticipation notes, but the notes’ maturity cannot exceed five years from the original issue 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. ) ## 36408.7. A district may borrow money in anticipation of the sale of, but not in excess of the principal amount of, authorized bonds of the district which have not yet been sold and delivered, and for that purpose may issue and sell negotiable bond anticipation notes, and may refund such notes from time to time, but the maximum maturity of any such notes, as originally issued or as refunded, shall not exceed five years from the date of the original notes. The notes shall be sold in such manner as the board may determine, and such notes and the resolution providing for the issuance of such notes may contain any provision, condition or limitation which a bond, or any resolution or ordinance providing for the issuance of bonds, may contain. The interest on bond anticipation notes shall be payable at the time or times provided in such notes and may be represented by interest coupons attached to the notes and shall be payable from the same funds from which the interest on bonds of the district are payable. The principal of such notes may be paid from any moneys of the district available for such purpose. If such notes, or any portion thereof, have not been previously paid, they shall be paid from the proceeds of the next sale of bonds in anticipation of which the notes were issued. The resolution providing for the issuance of bond anticipation notes may contain a provision that, if for any reason bonds of the district are not sold in time to provide funds to pay any unpaid note, and, if other funds of the district are not available for such payment, ad valorem assessments shall be levied upon the assessable land in the district for such payment in the same manner provided for the payment of bonds in such amount each year for such period of years as may be set forth in such resolution. To the extent bond anticipation notes are paid from such assessment, authorized bonds in a corresponding amount shall be canceled and not issued thereafter. When bonds of the district are issued and any portion of the proceeds of the sale are to be used to pay bond anticipation notes, such bonds shall mature not later than the maximum permissible years for such bonds as provided in Section 36195, with the maximum permissible maturity determined from the date of such notes as originally issued. (Added by Stats. 1976, Ch. 533.)
  32. 36408.8.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. )

    Verify source ↗

    A district may borrow against unsold authorized improvement-district bonds and issue bond anticipation notes, but the notes cannot exceed the bond principal and must mature within five years.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. ) ## 36408.8. A district may borrow money in anticipation of the sale of, but not in excess of the principal amount of, authorized bonds of an improvement district formed pursuant to this division which have not yet been sold and delivered, and for that purpose may issue and sell negotiable bond anticipation notes, and may refund such notes from time to time, but the maximum maturity of any such notes, as originally issued or as refunded, shall not exceed five years from the date of the original notes. The notes shall be sold in such manner as the board may determine, and such notes and the resolution providing for the issuance of such notes may contain any provision, condition or limitation which a bond, or any resolution or ordinance providing for the issuance of bonds, may contain. The interest on bond anticipation notes shall be payable at the time or times provided in such notes and may be represented by interest coupons attached to the notes and shall be payable from the same funds from which the interest on bonds of the improvement district are payable. The principal of such notes may be paid from any moneys of the improvement district available for such purpose. If such notes, or any portion thereof, have not been previously paid, they shall be paid from the proceeds of the next sale of bonds in anticipation of which the notes were issued. The resolution providing for the issuance of bond anticipation notes may contain a provision that, if for any reason bonds of the improvement district are not sold in time to provide funds to pay any unpaid note, and, if other funds of the improvement district are not available for such payment, ad valorem assessments shall be levied upon the assessable land in the improvement district for such payment in the same manner provided for the payment of bonds in such amount each year for such period of years as may be set forth in such resolution. To the extent bond anticipation notes are paid from such assessments, authorized bonds in a corresponding amount shall be canceled and not issued thereafter. When bonds of the improvement district are issued and any portion of the proceeds of the sale are to be used to pay bond anticipation notes, such bonds shall mature not later than the maximum permissible years for such bonds as provided in Section 36195, with the maximum permissible maturity determined from the date of such notes as originally issued. (Added by Stats. 1976, Ch. 533.)
  33. 36409.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. )

    Verify source ↗

    This section adds to a district’s existing borrowing powers and lets it issue negotiable notes under this chapter instead of warrants.

    ## 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 4.5. Provisions Relating to Short Term Borrowings [36400 - 36409] ( Chapter 4.5 added by Stats. 1954, 1st Ex. Sess., Ch. 2. ) ## 36409. The provisions of this chapter shall constitute an addition to all other power of the district to borrow money, incur indebtedness, and issue warrants or negotiable notes in connection therewith, and shall not be deemed a restriction or limitation on such other power. A district may issue negotiable notes as provided in this chapter in lieu of the issuance of warrants of the district or for an improvement district as provided in this division. (Amended by Stats. 1976, Ch. 533.)
  34. 36410.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    This chapter sets out an alternative method for forming certain improvement districts and for issuing bonds and warrants for them.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36410. This chapter provides an alternative method for the formation of improvement districts consisting of a portion of the territory within a district and the issuance of bonds and warrants of said district for said improvement districts. This chapter shall not apply to or affect any other provisions of this division for the formation of improvement districts or the incurring of indebtedness therefor. (Amended by Stats. 1969, Ch. 1085.)
  35. 36411.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    Improvement districts may be formed within a district, and the district may issue bonds and warrants for them as this chapter allows.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36411. Improvement districts consisting of contiguous or noncontiguous portions of the territory of a district may be formed within a district and bonds and warrants of the district may be issued for such improvement districts as provided in this chapter. (Amended by Stats. 1969, Ch. 1085.)
  36. 36412.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    A district may issue bonds and warrants for an improvement district, but only if carrying out the purpose benefits the lands in that 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36412. Bonds and warrants of a district for an improvement district may be issued for any purpose for which bonds and warrants of the district may be issued; provided, that the carrying out of such purpose shall benefit the lands within such improvement district. Such bonds or warrants may be either general obligation bonds or warrants or revenue bonds. (Amended by Stats. 1980, Ch. 6, Sec. 14. Effective February 4, 1980.)
  37. 36413.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    If the board thinks an improvement district should be formed, it must adopt a resolution of intention covering specified items.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36413. Whenever the board is of the opinion that an improvement district should be formed, the board of directors shall adopt a resolution of intention which shall state: (a) the intention of the board to form the proposed improvement district, (b) the purpose for which the proposed improvement district is to be formed, (c) the estimated expense of carrying out said purpose, (d) if assessments are to be levied for carrying out such purpose, such assessments shall be levied exclusively upon the lands in said proposed improvement district, (e) if revenue bonds are to be used for carrying out such purpose, only the revenues derived from the operation of improvement district works shall be pledged to the payment of principal and interest on such bonds, and no tax or assessment shall ever be levied or collected to pay principal or interest on such bonds, (f) that a map showing the exterior boundaries of said proposed improvement district, which map shall govern for all details as to the extent of the proposed 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 for a hearing by the board on the formation of said proposed improvement district, the extent thereof, the purpose for which it is to be formed, the benefit to lands within the proposed improvement district from carrying out said purpose, the estimated expense of carrying out said purpose or any other matter relating to any of the foregoing, which hearing may be held concurrently with the hearing required by Chapter 2 (commencing with Section 35950) of this part, and (h) that at said time and place any persons interested, including all persons owning lands in the district or in the proposed improvement district, may appear and be heard. (Amended by Stats. 1980, Ch. 6, Sec. 15. Effective February 4, 1980.)
  38. 36414.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    Notice of the hearing must be published and posted 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36414. Notice of said hearing shall be given by publishing a copy of the resolution of intention 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 proposed 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. 1958, 1st Ex. Sess., Ch. 71.)
  39. 36415.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    The board must hold the hearing fixed by the resolution of intention, including if the hearing is continued to another time or place.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36415. 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 said resolution of intention, at which hearing any person interested, including all persons owning land in the district, or in the proposed improvement district, may appear and be heard concerning any matters set forth in the resolution of intention or any matters material thereto. (Added by Stats. 1958, 1st Ex. Sess., Ch. 71.)
  40. 36416.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    At the hearing, the board may adopt a resolution proposing changes to the proposed 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36416. At the hearing the board may adopt a resolution proposing modifications relating to any or all of the following: (a) a modification of the boundaries of the proposed improvement district, (b) the addition to the proposed improvement district of lands which in its opinion will be benefited by carrying out the purpose described in the resolution of intention, (c) the exclusion from the proposed improvement district of any lands described in the resolution of intention which in its opinion will not be benefited by carrying out said purpose or (d) the increasing, decreasing or otherwise modifying of the purpose stated in the resolution of intention. Said resolution proposing modification shall describe the proposed modifications, state the change, if any, in the estimated expense of carrying out the purpose, and shall fix a time and place for hearing by the board thereon. (Added by Stats. 1958, 1st Ex. Sess., Ch. 71.)
  41. 36417.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    The board may not order modifications unless the proposed changes are published once in the same newspaper used for the resolution of intention, 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36417. The board shall not order any modifications except after publication of the resolution proposing said modifications once in the same newspaper in which the resolution of intention was published, said publication to be at least fourteen (14) days prior to the date of hearing on said proposed modifications. (Added by Stats. 1958, 1st Ex. Sess., Ch. 71.)
  42. 36418.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    A hearing on proposed modifications, and any continuation of that hearing, may be scheduled at the same time and place as a continued hearing on the resolution of intention, and the two hearings may be conducted concurrently.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36418. The hearing on any proposed modifications, or any continuance thereof, may be held at the same time and place as any continued hearing on the resolution of intention and both said hearings may be held and conducted concurrently. (Added by Stats. 1958, 1st Ex. Sess., Ch. 71.)
  43. 36419.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    After the hearings, the board may form the improvement district by resolution, and the resolution must state the estimated expense and give the district a standard name.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36419. At the conclusion of the hearing on the resolution of intention and of the hearing, if any, upon proposed modifications, the board may by resolution order the improvement district formed for the purpose and with the exterior boundaries described in the resolution of intention, or for the purpose and with the exterior boundaries as proposed to be modified in the resolution, if any, proposing modifications. Said resolution ordering the district formed shall state the estimated expense of carrying out the purpose described therein. Said resolution shall also number and designate said improvement district substantially as “Improvement District No. ____ of ____ District.” (Added by Stats. 1958, 1st Ex. Sess., Ch. 71.)
  44. 36420.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    After the improvement district is formed, the board may call a special bond election, and any resulting bonds are limited by the section’s 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36420. (a) After adopting the resolution ordering the improvement district formed, the board may provide for and call a special bond election within such improvement district to submit to the voters of the improvement district a proposition of whether or not an indebtedness of the district shall be incurred and bonds issued therefor in an amount not exceeding the estimate stated in the resolution ordering the improvement district formed. (b) If such bonds are to be general obligation bonds, such indebtedness and the bonds shall be payable from assessments to be levied and collected upon lands within said improvement district. (c) If such bonds are to be revenue bonds only revenues derived from the operation of the improvement district works shall be pledged to the payment or redemption thereof and the payment of interest thereon, and such revenue bonds shall not be a general debt liability or obligation of the district. (Amended by Stats. 1980, Ch. 6, Sec. 16. Effective February 4, 1980.)
  45. 36421.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    Special bond elections in an improvement district must be called, noticed, held, conducted, and canvassed substantially the same way as bond elections for the entire district, unless this chapter provides otherwise.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36421. Except as otherwise provided in this chapter, special bond elections within an improvement district shall be called, noticed, held, conducted and the results thereof canvassed in substantially the same manner as is provided in this division for bond elections held in the entire district. (Amended by Stats. 1980, Ch. 6, Sec. 17. Effective February 4, 1980.)
  46. 36423.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    Bonds for an improvement district must be issued and sold like the district’s other bonds, with special rules for general obligation bonds and 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36423. Bonds of said district for said improvement district shall be issued and sold in substantially the same manner and upon the same terms and conditions as bonds of the entire district, except that (a) if such bonds are general obligation bonds of the district for such improvement district, assessments for the payment of said bonds and the interest thereon shall be levied and collected from annual assessments to be levied upon and collected from lands within said improvement district or (b) if such bonds are revenue bonds, only the net revenues of the improvement district shall be pledged to the payment or redemption thereof and the payment of interest thereon. The bonds shall be issued in the name of the district and, if general obligation bonds, shall be designated “Bonds of ____ District for Improvement District No. ____” and each bond and all interest coupons shall state that the assessment for the payment thereof shall be limited to annual assessments to be levied upon and collected from the lands within said improvement district, except to the extent that provision for such payment has been made by the board, as may be permitted by law or, if revenue bonds, shall be designated “Revenue Bonds of ____ District for Improvement District No. ____” and each bond and all interest coupons shall state that it is payable from revenues of the improvement district, except to the extent that provision for such payment has been otherwise made by the board, as may be permitted by law. (Amended by Stats. 1980, Ch. 6, Sec. 19. Effective February 4, 1980.)
  47. 36424.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    The board must include enough money in the annual estimate to cover bond and warrant principal and interest, plus operating expenses, unless the board has already made provision for those payments as allowed by law.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36424. Except to the extent that provision has otherwise been made by the board, as may be permitted by law, for the payment of the principal of and interest upon general obligation bonds and warrants of said district for such improvement district as they become due and also for the payment of operating expenses of said improvement district, the annual estimate made by the board of the sum required by the district to discharge all of its obligations shall, in addition to the other amounts required to be included therein, include an amount sufficient to pay the principal of general obligation bonds and warrants of the district for said improvement district and the interest thereon as the same becomes due and also to pay operating expenses for said improvement district. (Amended by Stats. 1980, Ch. 6, Sec. 20. Effective February 4, 1980.)
  48. 36424.1.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    This section lets the Santa Margarita Water District board split improvement district number four into two areas for bond-repayment calculations, but only after getting an independent report and making required findings.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36424.1. (a) This section applies only to the Santa Margarita Water District. (b) The Legislature finds and declares both of the following: (1) In 1978, the voters of the Santa Margarita Water District authorized the sale of bonds for its improvement district number four in which the bond proceeds are available for water and sewer facilities. (2) In 1998, the Capistrano School District created a Mello-Roos Community Facilities District in which the bond proceeds are available for water, sewer, roads, and other facilities for a portion of the area to be served by the improvement district. (c) It is the intent of the Legislature to allow the Santa Margarita Water District the flexibility to establish equity with regard to the manner in which the district’s water and sewer bonds are repaid, recognizing that a portion of the water and sewer facilities for the improvement district area will be financed by bonds issued pursuant to the Mello-Roos Community Facilities Act of 1982 (Ch. 2.5 (commencing with Sec. 53311), Pt. 1, Div. 2, Title 5, Gov. C.), instead of all water and sewer facilities being financed by the district’s water and sewer bonds. (d) For the purpose of making the annual estimate of the amount required to pay the principal of, and interest on, general obligation bonds of the Santa Margarita Water District for improvement district number four pursuant to Section 36424, the board of the district may designate two separate areas within the improvement district, with one area financed by the school district’s bonds under Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code and the other area not so financed. (e) If the district exercises the authority authorized by this section, the amount of principal and interest allocated each year to the area without the bonds issued under Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code (1) shall not be less, to the extent possible, than the amount needed to repay the principal and interest actually owed on the water and sewer bonds if that amount is spread uniformly across all of the assessed value of property within the improvement district, and (2) shall not be more, to the extent possible, than that amount that would have been allocated if (A) all water and sewer facilities had been financed by the water district’s water and sewer bonds, subject to a limit of the amount of water and sewer bonds actually authorized, and (B) the entire improvement district was responsible to repay these amounts. (f) The board shall not designate separate areas unless it receives a report from an independent financial consultant or engineer that the designation of the proposed areas and the allocation of the estimated amount required to repay the principal of, and interest on, the bonds to the areas, in accordance with subdivision (e), will not adversely affect the board’s ability to levy ad valorem assessments that will be sufficient to pay the principal of, and interest on, the bonds and the board determines that the designation of the areas and the allocation of the amount will not be adverse to the interests of the holders of the bonds. Notwithstanding subdivision (e), if the report indicates that the allocation described in subdivision (e) will adversely affect the board’s ability to levy ad valorem assessments that are sufficient to pay the principal of, and interest on, the bonds or that that allocation may be adverse to the interests of the holders of the bonds, the district may designate two separate areas within improvement district number four in accordance with subdivision (d) and levy ad valorem assessments in amounts necessary to avoid those adverse effects. (Added by Stats. 2000, Ch. 25, Sec. 1. Effective May 24, 2000.)
  49. 36425.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    The board may collect charges for making water available to certain landholders or occupants in 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36425. In addition to the charges authorized to be fixed and collected pursuant to Article 4 (commencing with Section 35470) of Chapter 2 of Part 5 of this division, the board in lieu, in whole or in part, of raising money for the payment of the principal of and interest on bonds and warrants of the district issued for an improvement district or for the operating expenses of that improvement district, may fix and collect charges for the making of water available to the holders of title to land in that improvement district or the occupants thereon. The additional charges within an improvement district shall be fixed and collected in substantially the same manner and upon the same terms and conditions as is provided in Article 4 for charges to be fixed and collected within the entire district, except that the additional charges fixed and collected from an improvement district shall be expended only for the payment of the principal of, and interest upon, bonds and warrants of the district issued for the improvement district or for payment of the operating expenses of the improvement district. (Amended by Stats. 1982, Ch. 454, Sec. 188.)
  50. 36426.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    Rules in this division for district bonds, warrants, and assessments also apply to improvement-district bonds and warrants, unless inconsistent with 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36426. Except as otherwise provided in this chapter, the provisions of this division applicable to bonds and warrants of the district and assessments therefor shall, so far as consistent with this chapter, apply to bonds and warrants of the district for improvement districts therein. (Amended by Stats. 1980, Ch. 6, Sec. 21. Effective February 4, 1980.)
  51. 36427.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    If improvement-district general obligation bonds have been issued, the treasurer must set up separate bond accounts and use each account only to pay that district’s bonds and 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36427. If general obligation bonds of the district for an improvement district thereof shall have been issued, the treasurer shall establish within the general obligation bond fund for the district provided for in Section 35902 a separate account for general obligation bonds of the district for each improvement district to which shall be apportioned such portion of the general obligation bond fund as is applicable to the general obligation bonds of the district for the particular improvement district. The money in any separate account shall be used for the payment of the general obligation bonds of the district for the particular improvement district and interest thereon and until the general obligation bonded indebtedness of the district therefor is discharged shall not be used for any other purpose. (Amended by Stats. 1980, Ch. 6, Sec. 22. Effective February 4, 1980.)
  52. 36428.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    After an improvement district is formed, additional contiguous or noncontiguous land may be added on terms fixed 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36428. After the formation of an improvement district additional lands contiguous or noncontiguous thereto may be included therein upon such terms and conditions as may be fixed by the board. If the board is of the opinion that territory should be added to an improvement district, the board shall adopt a resolution of intention which shall state: (a) The intention of the board to add certain territory to Improvement District No. ____ of ____ District; (b) That a map showing the exterior boundaries of the territory to be annexed, which map shall govern for all details as to the extent of the area to be annexed, is on file with the secretary of the district and is available for inspection by any person or persons interested; (c) The terms and conditions of annexation, if any; (d) If assessments will be levied for carrying out any purpose of said improvement district including the payment of principal of and interest on any general obligation bonds or warrants outstanding, such assessments shall be levied exclusively upon the lands in said proposed improvement district including the territory annexed thereto; (e) If revenues are to be used for carrying out any purpose of such improvement district, including the payment of principal of and interest on any revenue bonds outstanding, such revenues shall be limited to revenues derived from the operation of the improvement district works, including the territory annexed thereto. (f) The time and place for hearing by the board on the question of the annexation of said territory to said improvement district and any other matter relating to any of the foregoing; and (g) That at said time and place any persons interested including persons owning land within the area to be annexed to the improvement district may appear and be heard. Notice of said hearing shall be given in the same manner as provided in Section 36414. (Amended by Stats. 1980, Ch. 6, Sec. 23. Effective February 4, 1980.)
  53. 36429.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    The board must hold the hearing set by the resolution of intention, and interested persons may appear and be heard at 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36429. At the time and place fixed or at any time and place to which the hearing is continued, the board shall hold the hearing provided for by said resolution of intention at which hearing any person interested, including all persons owning land in the district or in the territory to be annexed to the improvement district, may appear and be heard concerning any matters set forth in the resolution of intention or any matters material thereto. (Added by Stats. 1965, Ch. 357.)
  54. 36430.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    At the hearing, the board may adopt a resolution proposing modifications, but it must describe the changes and set a hearing time and place. The board may not order modifications until the resolution has been published as 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36430. At the hearing the board may adopt a resolution proposing modifications relating to any or all of the following: (a) Modification of the boundaries of the territory to be annexed; (b) The addition to the territory proposed to be annexed of lands of which in its opinion will be benefited by being annexed to said improvement district; (c) The exclusion from the territory to be annexed of any lands described in the resolution of intention which in its opinion will not be benefited by being annexed to said improvement district; or (d) The terms and conditions set forth in the resolution of intention or if none the board may adopt terms and conditions. Said resolution proposing modification shall describe the proposed modifications and shall fix a time and place for a hearing by the board thereon. The board shall not order any modifications except after publication of the resolution proposing said modifications as provided in Section 36417. (Added by Stats. 1965, Ch. 357.)
  55. 36431.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    After the required hearing(s), the board may order the territory annexed to the improvement district, following the terms and conditions stated in the resolution of intention.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36431. At the conclusion of the hearing on the resolution of intention and of the hearing, if any, upon proposed modifications the board may by resolution order the territory annexed to said improvement district upon the terms and conditions set forth in said resolution of intention. (Added by Stats. 1965, Ch. 357.)
  56. 36432.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    The board may annex additional land into an improvement district by resolution, if it first receives written consent from all landowners whose land will be annexed.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36432. As an alternative procedure for the annexation of land to an improvement district, additional lands may be included within any improvement district by resolution of the board declaring the territory annexed after receipt by the board of written consent of the owners of all of the land to be annexed thereto which consent shall include the terms and conditions of annexation, if any. (Added by Stats. 1965, Ch. 357.)
  57. 36433.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    The board may advance district general funds for an approved improvement-district works plan.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36433. The board may advance general funds of the district to accomplish an approved plan of works of an improvement district. (Added by Stats. 1968, Ch. 104.)
  58. 36434.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    The board must repay the district for any advance of funds using money that is legally authorized for that purpose, including bond and warrant proceeds.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36434. The board shall repay the district for any advance of funds with any money received which is authorized by law to be used for such a purpose including the proceeds of the sale of bonds and warrants authorized for the purposes of the improvement district. (Amended by Stats. 1969, Ch. 1085.)
  59. 36435.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    After the improvement district is ordered formed, the board may issue district warrants up to the amount estimated in the formation 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36435. After adopting the resolution ordering the improvement district formed, the board may provide for the issuance of warrants of the district for the improvement district in an amount not exceeding the estimate stated in the resolution ordering the improvement district formed, such warrants to be payable from assessments to be levied and collected upon the lands within said improvement district. (Added by Stats. 1969, Ch. 1085.)
  60. 36436.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    The district must issue and sell improvement-district warrants on the same terms as district warrants, with payment assessments limited to lands in the 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36436. Warrants of said district for said improvement district shall be issued and sold in substantially the same manner and upon the same terms and conditions as warrants of the entire district, except that assessments for the payment of said warrants and the interest thereon shall be levied and collected from annual assessments to be levied upon and collected from lands within said improvement district. The warrants shall be issued in the name of the district and shall be designated “Warrants of ____ District for Improvement District No. __” and each warrant and all interest coupons thereon shall state that the assessment for the payment thereof shall be limited to annual assessments to be levied upon and collected from the lands within said improvement district, except to the extent that provision for such payment has been made by the board, as may be permitted by law. (Added by Stats. 1969, Ch. 1085.)
  61. 36437.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    This section says the division’s rules on district warrants and related assessments also apply to improvement district warrants, unless the chapter says otherwise and only as far as that fits 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36437. Except as otherwise provided in this chapter, the provisions of this division applicable to warrants of the district and assessments therefor shall, so far as consistent with this chapter, apply to warrants of the district for an improvement district therein. (Added by Stats. 1969, Ch. 1085.)
  62. 36438.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    This section lets qualifying improvement districts consolidate, lets the board name the new district, and allows bonds and related funds and charges to be handled by the consolidated district for the original approved 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36438. Pursuant to the procedure hereinafter set forth in this chapter, two or more existing coterminous improvement districts formed pursuant to the provisions of this chapter may be consolidated into one improvement district. In such instance the consolidated improvement district may be designated in such manner as the board may designate. Any authorized but unissued bonds may be issued and sold as the bonds of the consolidated improvement district. Such bonds, as well as any funds on hand from bonds previously issued by any of the improvement districts consolidated into one improvement district as hereinafter provided or any other funds of any such improvement districts, shall be used in the manner provided by law for the original authorized purposes. However, any such use of funds shall be to accomplish the plan of works originally established or as subsequently amended. To the extent assessment, standby charges, or other charges are necessary to be levied or collected by reason of any such improvement districts consolidated hereunder into one improvement district, such assessments, standby charges, or other charges may be collected by the consolidated improvement district provided for hereunder. Thereafter, the amount so collected shall be utilized to satisfy the obligations for which such assessments or standby charges were levied and collected. (Added by Stats. 1972, Ch. 241.)
  63. 36439.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    The board may declare its intent to consolidate two or more coterminous improvement districts by resolution, but only by a four-fifths vote and after deciding consolidation is 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 6. FINANCIAL PROVISIONS [35900 - 36458.1] ( Part 6 added by Stats. 1951, Ch. 390. ) ## CHAPTER 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36439. In the event that the board determines it to be in the best interests of the district to consolidate any two or more existing coterminous improvement districts formed under this chapter, it may by resolution adopted by a four-fifths vote, declare its intention to consolidate such improvement districts. The resolution so adopted shall identify the improvement districts to be consolidated and shall set forth the total amount of authorized bonds, as well as the amount of outstanding bonds, of each of the improvement districts proposed to be consolidated, the purposes of each such improvement district, and the designation of the proposed consolidated improvement district. The resolution of intention shall set forth a legal description of the existing coterminous improvement districts to be consolidated and provide that notice be given in a manner provided in Section 36414. Additionally, the resolution shall fix a date, time, and place for a public hearing on the proposed consolidation. (Added by Stats. 1972, Ch. 241.)
  64. 36440.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    After the hearing, the board may adopt a resolution consolidating the described improvement districts. If certain conditions apply, the parent district must file a required statement, and the resolution must include the legal description, purposes, and a best-interests determination.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36440. At the conclusion of the hearing on the resolution of intention provided for in Section 36439, the board may adopt a resolution declaring the existing coterminous improvement districts described in the resolution of intention to be consolidated in one improvement district which shall be designated therein. The resolution shall contain the legal description thereof as well as a statement of the purposes of the consolidated improvement district. If the parent district has adopted the alternative method for the levy, collection and enforcement of district assessments by the county and is operating under the provisions of Part 7.5 (commencing with Section 37200) of this division, it shall file a statement as required by Chapter 8 (commencing with Section 54900) of Part 1, Division 2, Title 5 of the Government Code. The resolution shall contain a determination that such consolidation is in the best interests of the present and future property owners and taxpayers. Any such resolution shall be subject to referendum held within the boundaries described in the resolution adopted as provided for herein. (Added by Stats. 1972, Ch. 241.)
  65. 36441.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    Sections 36438 to 36440 are alternative provisions and do not affect existing provisions of this 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36441. The provisions of Sections 36438 to 36440, inclusive, are in the alternative to and shall not affect any existing provisions of this division. (Added by Stats. 1972, Ch. 241.)
  66. 36442.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    After an improvement district is formed, land may be detached if the board sets the terms and conditions.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36442. After the formation of an improvement district, lands may be detached therefrom upon any terms and conditions as may be fixed by the board. If the board determines that territory should be detached from an improvement district, the board shall adopt a resolution of intention which shall state the following: (a) The intention of the board to detach certain territory from Improvement District No. ____ of ____ District. (b) That a map showing the exterior boundaries of the territory to be detached, which map shall govern for all details as to the extent of the area to be detached, is on file with the secretary of the district and is available for inspection by any person or persons interested. (c) The terms and conditions of the proposed detachment. (d) That the assessments for carrying out any purpose of the improvement district, including the payment of principal of and interest on any bonds or warrants outstanding, shall or shall not be continued to be levied to the extent and in the manner provided for in the District Reorganization Act of 1965 upon the lands in the territory to be detached. (e) The time and place for a hearing by the board on the question of the detachment of such territory from the improvement district and any other matter relating to any of the foregoing. (f) That at such time and place any persons interested, including persons owning land within the area to be detached from the improvement district, may appear and be heard. Notice of such hearing shall be given in the same manner as provided in Section 36414. (Added by Stats. 1972, Ch. 241.)
  67. 36443.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    The board must hold the hearing set by the resolution of intention at the fixed time and place, or at a continued hearing time and place. Interested persons, including landowners in the district or in territory to be detached, may appear and be heard.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36443. At the time and place fixed, or at any time and place to which the hearing is continued, the board shall hold the hearing provided for by such resolution of intention. At the hearing any person interested, including all persons owning land in the district or in the territory to be detached from the improvement district, may appear and be heard concerning any matters set forth in the resolution of intention or any matters material thereto. (Added by Stats. 1972, Ch. 241.)
  68. 36444.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    At the hearing, the board may adopt a resolution proposing modifications, but it cannot order any modifications until the proposed resolution has been published under Section 36417.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36444. At the hearing, the board may adopt a resolution proposing modifications relating to any or all of the following: (a) Modification of the boundaries of the territory to be detached. (b) The exclusion from the territory to be detached of any lands described in the resolution of intention which, in its opinion, will be benefited by remaining part of the improvement district. (c) The terms and conditions set forth in the resolution of intention, or if none, the board may adopt terms and conditions. Such resolution proposing modifications shall describe the proposed modifications and shall fix a time and place for a hearing by the board thereon. The board shall not order any modifications except after publication of the resolution proposing the modifications as provided in Section 36417. (Added by Stats. 1972, Ch. 241.)
  69. 36445.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    The board may, by resolution, order territory detached from the improvement district after the required hearing process.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36445. At the conclusion of the hearing on the resolution of intention and of the hearing, if any, upon proposed modifications, the board may by resolution order the territory detached from the improvement district upon the terms and conditions set forth in the resolution of intention. (Added by Stats. 1972, Ch. 241.)
  70. 36446.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. )

    Verify source ↗

    The board may detach land from an improvement district by resolution, but only after it receives written consent from all owners of the land to be detached.

    ## 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 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor [36410 - 36446] ( Chapter 4.9 added by Stats. 1958, 1st Ex. Sess., Ch. 71. ) ## 36446. As an alternative procedure for the detachment of land from an improvement district, lands may be detached from any improvement district by resolution of the board declaring the territory detached after receipt by the board of written consent of the owners of all of the land to be detached therefrom, which consent shall include the terms and conditions of annexation, if any. (Added by Stats. 1972, Ch. 241.)
  71. 36447.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. )

    Verify source ↗

    This chapter applies to the Irvine Ranch Water District, the Santa Margarita Water District, and the Moulton-Niguel 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. ) ## 36447. This chapter shall apply to the Irvine Ranch Water District, the Santa Margarita Water District, and the Moulton-Niguel Water District. As used in this chapter, “district” means the Irvine Ranch Water District, the Santa Margarita Water District, or the Moulton-Niguel Water District. (Amended by Stats. 1986, Ch. 398, Sec. 2. Effective July 17, 1986.)
  72. 36447.1.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. )

    Verify source ↗

    Improvement-district bonds may be issued and sold as consolidated bonds if the listed 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. ) ## 36447.1. Bonds for two or more improvement districts of the district may be issued and sold as consolidated bonds of the district in substantially the same manner and upon the same terms and conditions as bonds of the entire district, subject to all of the following conditions: (a) The consolidated bonds shall specify the included amount of par value issued on behalf of each improvement district, and the remaining authorized bonds of each improvement district shall be reduced by its respective included amount so specified. (b) In advance of the sale of consolidated bonds, the board shall find that the sale of the included bonds as consolidated bonds shall not increase the cost that any improvement district will pay for its included bonds over the cost it would have paid had its bonds been sold separately. (c) The maximum portion of any assessment for the payment of each series of the consolidated bonds and the interest thereon that may be obtained from annual assessments to be levied upon and collected from lands within each improvement district shall be the proportion which the par value of the included bonds of the improvement district bears to the total par value of that series of the consolidated bonds. (d) The board shall include in the resolution providing for issuance of each series of consolidated bonds provisions to insure that assessments to be levied upon and collected from lands within each included improvement district shall be limited to the amount required to pay the improvement district’s proportional share as determined under subdivision (c), except to the extent that provision for payment of that share has been made by the board, as may be permitted by law, and that the improvement district’s share shall not be collected or paid for, or pledged to the payment of, any other included improvement district’s proportional share. (e) The board shall include in the resolution providing for issuance of each series of consolidated bonds provisions to insure that the proceeds of the consolidated bonds disbursed into the fund provided for in Section 35998.1 are apportioned within the fund according to each included improvement district’s share determined under subdivision (c), so that separate apportionments are accounted for and used for the purposes of the respective improvement districts in the manner contemplated by Section 36427. (f) The board shall include in the resolution providing for issuance of each series of consolidated bonds provisions to insure that any bond reserve fund established pursuant to Sections 35910 and 35911 is established proportionately for each of the included improvement districts and, to the extent the fund must be used, that moneys in the fund shall be disbursed only to the extent of the share apportioned therein to the improvement district on whose behalf it is disbursed, and that any charges or annual assessments used to establish the bond reserve fund shall be set aside within the bond reserve fund only to the account of the improvement district from which they were obtained. (g) If the consolidated bonds include provisions for redemption, the board shall also include in the resolution providing for issuance provisions to insure that any moneys collected from within the improvement districts to establish a redemption fund shall be limited to each improvement district’s proportional share of the consolidated bonds as determined in subdivision (c). (h) The consolidated bonds shall be issued in the name of the district and, if general obligation bonds, shall be designated “Bonds of ____ Water District,” and each bond shall state that it is issued on behalf of the included improvement districts whose respective shares of the par value shall be specified, and shall state that the assessment for payment thereof shall be limited to annual assessments to be levied upon and collected from the lands within each of the specified improvement districts in the stated proportions of the total par value, except to the extent that provision for that payment has been made by the board as may be permitted by law. (Added by Stats. 1984, Ch. 998, Sec. 3. Effective September 11, 1984.)
  73. 36447.10.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. )

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    The board may set variable-rate bond terms and the district may make related bond arrangements, including remarketing, resale, liquidity support, insurance, and other credit enhancement; the board may also pay related fees and costs from bond proceeds or other lawful sources.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. ) ## 36447.10. The board may provide for the bonds to bear a variable interest rate, for the manner and intervals in which the rate shall vary, and for the dates on which the interest shall be payable. The variable rate shall on no day exceed the maximum rate permitted for bonds of the district on that day by Section 53541 of the Government Code or any other applicable provisions of law. However, the variable interest rate so permitted may on any day exceed that maximum rate if the interest paid on the bonds from their date of original issuance to that day does not exceed the total interest which would have been permitted to have been paid on the bonds if the bonds had borne interest at all times from the date of issuance to that day at the maximum rate permitted from time to time by Section 53541 of the Government Code or any other applicable provisions of law. The district may enter into arrangements for the remarketing or resale of the bonds, the purchase and holding of the bonds, liquidity support, debt service insurance or other credit enhancement, and such other matters related to the bonds as the board determines to be necessary or appropriate. The board may provide for the payment of the fees and costs of those arrangements from the proceeds of the bonds or from any other lawfully available source designated by the board, or from any combination thereof. (Amended by Stats. 1985, Ch. 92, Sec. 1. Effective June 25, 1985.)
  74. 36447.11.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. )

    Verify source ↗

    Refunding bonds under the cited article may be issued using the chapter’s procedures, even if the bonds being refunded were not issued that way.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. ) ## 36447.11. Refunding bonds issued under Article 6 (commencing with Section 36060) of Chapter 2 may be issued in the manner set forth in this chapter regardless of whether or not the bonds being refunded were issued in the manner set forth in this chapter. The par value of each improvement district’s refunding bonds included in the consolidated refunding bonds shall be only sufficient to provide for the refunding of that improvement district’s bonds to be refunded. (Amended by Stats. 1985, Ch. 645, Sec. 3. Effective September 17, 1985.)
  75. 36447.12.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. )

    Verify source ↗

    The board may refund outstanding bonds under Article 6 by buying them with refunding-bond proceeds or by acquiring and exchanging them, including through a negotiated transaction or an intermediary agent.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. ) ## 36447.12. In lieu of refunding outstanding bonds by defeasing or calling for redemption, the board may also refund under Article 6 (commencing with Section 36060) of Chapter 2 by purchasing the bonds to be refunded with proceeds of the refunding bonds or by acquiring the bonds to be refunded and exchanging them for the refunding bonds, in either case in a negotiated transaction with the bondholder or through an intermediary agent of the district. (Amended by Stats. 1985, Ch. 645, Sec. 4. Effective September 17, 1985.)
  76. 36447.14.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. )

    Verify source ↗

    Prior acts and proceedings are confirmed and made legally effective if they would have complied with this chapter when done after the effective 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. ) ## 36447.14. All acts and proceedings taken prior to the effective date of this chapter, which would be in accordance with this chapter if taken after the effective date, are hereby confirmed, validated, and declared legally effective. (Added by Stats. 1984, Ch. 998, Sec. 3. Effective September 11, 1984.)
  77. 36447.15.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. )

    Verify source ↗

    This section lets the named water districts pledge district revenues for certain bonds, and requires the board to adopt criteria before using that authority.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. ) ## 36447.15. (a) (1) Notwithstanding Section 36447, this section applies only to the Irvine Ranch Water District and the Santa Margarita Water District. (2) As used in this section, “district” means the Irvine Ranch Water District and the Santa Margarita Water District. (b) To provide credit enhancement, liquidity support, or both, in connection with, or incidental to, the issuance or carrying by the district of any general obligation bonds for improvement districts or consolidated general obligation bonds for improvement districts, the district may pledge and apply all or any part of the revenues of the district to the payment or security of any or all of the principal, redemption price, and purchase price of those bonds, and the interest thereon, in the manner and upon terms that the board may deem advisable. (c) In connection with the pledge, the board may provide in the resolution, order, indenture, trust agreement, loan agreement, lease, installment sale agreement, pledge agreement, or other document in which the pledge is provided for or created, any covenants, promises, restrictions, and provisions that the district may deem necessary or desirable, including, but not limited to, covenants, promises, restrictions, and provisions relating to the use of bond proceeds, the maintenance, operation, and preservation of the district’s facilities, any rates and charges to be established and collected by the district, including rates and charges for the services or products furnished or provided by the district’s facilities, the incurring of additional indebtedness payable from the revenues, and the establishment, maintenance, and use of reserve funds, sinking funds, interest and redemption funds, maintenance and operation funds, and other special funds for the payment or security of any or all of the principal, redemption price, and purchase price of bonds and the interest thereon. (d) For the purposes of carrying out this section, the board may exercise, but shall not be limited to exercising, the powers specified in the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code). (e) Chapter 5.5 (commencing with Section 5450) of Division 6 of Title 1 of the Government Code shall govern the creation of pledges authorized by this section. (f) Prior to exercising the authority granted pursuant to this section, the board shall adopt criteria to govern its determinations to use pledges pursuant to this section. The criteria may include, but are not limited to, evaluating the use of a pledge in lieu of or in combination with other credit enhancement and liquidity options available to the board. (g) The authority granted by this section is in addition to, and not in derogation of, any authority granted by other provisions of law relating to the payment of the district’s general obligation bonds from the proceeds of assessments to be levied upon and collected from lands of any improvement district or relating to the levy and collection of the assessments. This section does not affect any other law authorizing or providing for the issuance or carrying of bonds by the district. This section shall be deemed to provide a complete and supplemental method for exercising the powers authorized by this section, and shall be deemed supplemental to the powers conferred by other applicable laws. (h) On or before January 1, 2014, each district shall submit a report to the Treasurer, the Chief Clerk of the Assembly, and the Secretary of the Senate describing the district’s use, if any, of the authority granted pursuant to this section. The report shall include all of the following: (1) A description of each pledge made pursuant to this section. (2) A discussion of the amounts from pledged district revenues, paid pursuant to a pledge, that are expended to offset any insufficiency in amounts required for the payment of principal, redemption price, interest, or purchase price. (3) A discussion of any benefits or savings to the district associated with the use of the pledge made pursuant to this section. (Added by Stats. 2010, Ch. 624, Sec. 1. (SB 613) Effective January 1, 2011.)
  78. 36447.2.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. )

    Verify source ↗

    Chapters 2 and 3 apply to consolidated bonds, but only to the extent they can be applied.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. ) ## 36447.2. The provisions of Chapters 2 (commencing with Section 35950) and 3 (commencing with Section 36150) shall apply to the consolidated bonds to the extent they may be made applicable. (Added by Stats. 1984, Ch. 998, Sec. 3. Effective September 11, 1984.)
  79. 36447.3.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. )

    Verify source ↗

    This section says the chapter must be read and applied to preserve the status of consolidated improvement district bonds and avoid increasing the assessment burden on property owners.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. ) ## 36447.3. It is the intent of the Legislature in enacting this chapter to preserve the status of the improvement districts’ bonds which have been consolidated, so that the bonds shall continue to constitute “indebtedness approved by the voters” pursuant to subdivision (b) of Section 1 of Article XIII A of the California Constitution and shall reduce accordingly the remaining authorized bonds of the improvement districts. In order to preserve the status of the included bonds, the provisions of this chapter shall be interpreted and applied in a manner so that the burden on the land within the improvement districts does not result in any increase in the amount of assessments that will be levied to pay each improvement district’s proportionate share of the principal and interest payments with respect to each series of the consolidated bonds, over the amount it would have paid had its bonds been sold under other provisions of law. The added financial flexibility included in this chapter has been granted to the district only on the basis that the consolidating of improvement district bond authorizations and the permission to utilize negotiated sale of bonds, variable interest rates, refunding of existing improvement district bonds by exchange, or otherwise, and the other features of this chapter shall be authorized only to the extent that the burden upon the property owners of the improvement districts is not increased. (Added by Stats. 1984, Ch. 998, Sec. 3. Effective September 11, 1984.)
  80. 36447.4.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. )

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    Before approving consolidated bonds, the board must first adopt a resolution of intention and give hearing notice by publication and posting.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. ) ## 36447.4. Before adopting a resolution approving the issuance of any consolidated bonds pursuant to this chapter and Chapter 3 (commencing with Section 36150), the board shall adopt a resolution of intention, which shall approve a proposed resolution of issuance and state the time and place for a hearing by the board on the proposed resolution of issuance. Notice of the hearing shall be given by publishing a copy of the resolution of intention in a newspaper of general circulation published in Orange 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 the hearing. Notice shall also be given by posting a copy of the resolution of intention in three public places within each improvement district whose bonds are proposed to be included in the consolidated bonds, for at least 14 days prior to the time fixed for the hearing. No notice other than that required by this section need be given. (Added by Stats. 1984, Ch. 998, Sec. 3. Effective September 11, 1984.)
  81. 36447.5.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. )

    Verify source ↗

    The board must hold the hearing set by the resolution of intention, and interested persons may appear and be heard.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. ) ## 36447.5. 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 by the resolution of intention at which hearing any person interested, including all persons owning land in the improvement districts whose bonds are proposed to be included in the consolidated bonds or any person otherwise interested in the consolidated bonds, may appear and be heard concerning any matter set forth in the resolution of intention and proposed resolution of issuance or any matters material thereto, including the question of whether the burden on the lands of any of the included improvement districts would be increased. (Added by Stats. 1984, Ch. 998, Sec. 3. Effective September 11, 1984.)
  82. 36447.6.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. )

    Verify source ↗

    If qualifying protests are filed, the board must stop further proceedings and generally cannot pass a new resolution for the same consolidated bonds within six months, unless the protests are overruled by a four-fifths board vote.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. ) ## 36447.6. If the board finds that protests against the proposed issuance of any consolidated bonds are signed by the owners of more than one-half of the area of the land in any improvement district whose bonds are proposed to be included in the consolidated bonds, all further proceedings under the resolution of intention are barred, and no new resolution of intention for the issuance of consolidated bonds which would include bonds for the improvement district may be passed within six months after the decision of the board on the hearing, unless the protests are overruled by an affirmative vote of four-fifths of the members of the board. (Added by Stats. 1984, Ch. 998, Sec. 3. Effective September 11, 1984.)
  83. 36447.7.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. )

    Verify source ↗

    The board must adopt required findings at the end of the hearing if there is no majority protest, and it may adopt the proposed issuance resolution in final form if the required findings are made.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. ) ## 36447.7. At the conclusion of the hearing, in the absence of a majority protest pursuant to Section 36447.6, the board shall adopt a resolution making the finding required by subdivision (b) of Section 36447.1, and, if any of the features provided for by Sections 36447.9 and 36447.10 are to be included in the consolidated bonds, also making a finding that the features so utilized will not increase the cost that any improvement district will pay over the cost that it would have paid had the bonds been sold without those features. All findings required by this section shall be supported by substantial evidence, which shall mean evidence that is reasonable, credible, and of solid value and ponderable legal significance, based upon the record as a whole. The findings shall also be made as to any modifications made by the board in the terms of the proposed resolution of issuance as a result of the hearing. If the board makes the foregoing findings in accordance with the provisions of this chapter, the board may adopt the proposed resolution of issuance in final form. (Added by Stats. 1984, Ch. 998, Sec. 3. Effective September 11, 1984.)
  84. 36447.9.

    ## 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. )

    Verify source ↗

    The board may sell bonds at private sale without advertising for bids if it decides that this would lower the interest cost on the 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 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts [36447 - 36447.15] ( Chapter 4.95 added by Stats. 1984, Ch. 998, Sec. 3. ) ## 36447.9. The board may, if it determines that to do so would produce a lower interest cost on the bonds, sell bonds at private sale without advertising for bids. (Added by Stats. 1984, Ch. 998, Sec. 3. Effective September 11, 1984.)
  85. 36450.

    ## 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 5. Improvement Districts [36450 - 36453] ( Chapter 5 added by Stats. 1953, Ch. 991. )

    Verify source ↗

    Improvement districts may be formed in districts, and once formed they must be governed the same way as improvement districts in irrigation 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 5. Improvement Districts [36450 - 36453] ( Chapter 5 added by Stats. 1953, Ch. 991. ) ## 36450. Improvement districts may be formed in districts in the same manner as improvement districts are formed in irrigation districts. When formed, such improvement districts shall be governed in the same manner as improvement districts in irrigation districts. (Added by Stats. 1953, Ch. 991.)
  86. 36451.

    ## 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 5. Improvement Districts [36450 - 36453] ( Chapter 5 added by Stats. 1953, Ch. 991. )

    Verify source ↗

    A district’s board of directors has the same rights, powers, duties, and responsibilities as an irrigation district board for forming and governing improvement 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 5. Improvement Districts [36450 - 36453] ( Chapter 5 added by Stats. 1953, Ch. 991. ) ## 36451. The board of directors of a district shall have the same rights, powers, duties and responsibilities with respect to the formation and government of improvement districts in districts as the board of directors of an irrigation district has with respect to improvement districts in irrigation districts. (Added by Stats. 1953, Ch. 991.)
  87. 36452.

    ## 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 5. Improvement Districts [36450 - 36453] ( Chapter 5 added by Stats. 1953, Ch. 991. )

    Verify source ↗

    The board has the same powers over improvement districts in districts that an irrigation-district board has over distribution districts, in addition to its other powers.

    ## 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 5. Improvement Districts [36450 - 36453] ( Chapter 5 added by Stats. 1953, Ch. 991. ) ## 36452. The board shall also have, in addition to its other powers, the same powers with respect to improvement districts in districts as the board of directors of an irrigation district has with respect to distribution districts in irrigation districts. (Added by Stats. 1953, Ch. 991.)
  88. 36453.

    ## 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 5. Improvement Districts [36450 - 36453] ( Chapter 5 added by Stats. 1953, Ch. 991. )

    Verify source ↗

    Assessments in an improvement district must be levied, collected, and enforced alongside annual district taxes, using the same general timing and method as practicable, with a special rule tied to irrigation-district procedures.

    ## 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 5. Improvement Districts [36450 - 36453] ( Chapter 5 added by Stats. 1953, Ch. 991. ) ## 36453. Assessments in an improvement district in a district shall be levied, collected and enforced at the same time and in as nearly the same manner as practicable as annual taxes for purposes of the district in which formed, except that the assessment shall be made in the same manner as provided with respect to improvement districts or distribution districts in irrigation districts. (Added by Stats. 1953, Ch. 991.)
  89. 36454.

    ## 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 5.5. Alternative Provisions for the Consolidation of Coterminous Improvement Districts [36454 - 36454.4] ( Chapter 5.5 added by Stats. 1978, Ch. 5. )

    Verify source ↗

    This chapter creates an alternative method for consolidating coterminous improvement districts formed under Chapter 4.9.

    ## 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 5.5. Alternative Provisions for the Consolidation of Coterminous Improvement Districts [36454 - 36454.4] ( Chapter 5.5 added by Stats. 1978, Ch. 5. ) ## 36454. This chapter provides an alternative method for the consolidation of coterminous improvement districts formed pursuant to Chapter 4.9 (commencing with Section 36410) of this part. This chapter shall not apply to or affect any other provisions of this division. (Added by Stats. 1978, Ch. 5.)
  90. 36454.1.

    ## 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 5.5. Alternative Provisions for the Consolidation of Coterminous Improvement Districts [36454 - 36454.4] ( Chapter 5.5 added by Stats. 1978, Ch. 5. )

    Verify source ↗

    This section allows two or more coterminous improvement districts to consolidate into one district, lets the board choose the consolidated district’s name or designation, and lets certain bonds and charges be handled by the consolidated 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 5.5. Alternative Provisions for the Consolidation of Coterminous Improvement Districts [36454 - 36454.4] ( Chapter 5.5 added by Stats. 1978, Ch. 5. ) ## 36454.1. Pursuant to the procedure set forth in this chapter, two or more existing coterminous improvement districts formed pursuant to the provisions of Chapter 4.9 (commencing with Section 36410) of this part may be consolidated into one improvement district. In such instance the consolidated improvement district may be designated in such manner as the board may designate. Any authorized but unissued bonds of any of the coterminous improvement districts may be issued and sold as the bonds of the consolidated improvement district. Such bonds, as well as any funds on hand from bonds previously issued by any of the improvement districts consolidated into one improvement district as hereinafter provided or any other funds of any such improvement districts, shall be used in the manner provided by law for the original authorized purposes. However, any such use of funds shall be to accomplish the plan of works originally established or as subsequently amended. Any bonds which were issued by any of the coterminous improvement districts prior to their consolidation and which remain outstanding at the time of consolidation shall be assumed by and become the liability of the consolidated improvement district. To the extent assessment, standby charges, or other charges are necessary to be levied or collected by reason of any such improvement districts consolidated hereunder into one improvement district, such assessment, standby charges, or other charges may be collected by the consolidated improvement district provided for hereunder. Thereafter, the amount so collected shall be utilized to satisfy the obligations for which such assessments or standby charges were levied and collected, except that any amount over and above that necessary to satisfy said obligations may be used for any of the purposes of the consolidated improvement district. (Added by Stats. 1978, Ch. 5.)
  91. 36454.2.

    ## 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 5.5. Alternative Provisions for the Consolidation of Coterminous Improvement Districts [36454 - 36454.4] ( Chapter 5.5 added by Stats. 1978, Ch. 5. )

    Verify source ↗

    When coterminous improvement districts are consolidated, certain outstanding or unissued bonds are treated as if the consolidated district or its voters had authorized them.

    ## 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 5.5. Alternative Provisions for the Consolidation of Coterminous Improvement Districts [36454 - 36454.4] ( Chapter 5.5 added by Stats. 1978, Ch. 5. ) ## 36454.2. For purposes of Section 2270 of the Revenue and Taxation Code, bonds authorized by any of the coterminous improvement districts which remain outstanding or unissued at the time the districts are consolidated shall be treated as having been authorized by the consolidated district. Further, for purposes of Section 2270 of the Revenue and Taxation Code, bonds authorized by the voters of the coterminous improvement districts which remain outstanding or unissued at the time the districts are consolidated shall be treated as having been authorized by the voters of the consolidated improvement district. (Added by Stats. 1978, Ch. 5.)
  92. 36454.3.

    ## 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 5.5. Alternative Provisions for the Consolidation of Coterminous Improvement Districts [36454 - 36454.4] ( Chapter 5.5 added by Stats. 1978, Ch. 5. )

    Verify source ↗

    If the board decides consolidation is in the district’s best interests, it may adopt a four-fifths vote resolution to start the process, and the resolution must identify the districts, describe the bonds and purposes, give notice, and set a public 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 5.5. Alternative Provisions for the Consolidation of Coterminous Improvement Districts [36454 - 36454.4] ( Chapter 5.5 added by Stats. 1978, Ch. 5. ) ## 36454.3. In the event that the board determines it to be in the best interests of the district to consolidate any two or more existing coterminous improvement districts formed under Chapter 4.9 (commencing with Section 36410) of this part, it may, by resolution adopted by a four-fifths vote, declare its intention to consolidate such improvement districts. The resolution so adopted shall identify the improvement districts to be consolidated and shall set forth the total amount of authorized bonds, as well as the amount of outstanding bonds, of each of the improvement districts proposed to be consolidated, the purposes of each such improvement district, and the designation of the proposed consolidated improvement district. The resolution of intention shall set forth a legal description of the existing coterminous improvement districts to be consolidated and provide that notice be given in a manner provided in Section 36414. Additionally, the resolution shall fix a date, time, and place for a public hearing on the proposed consolidation. (Added by Stats. 1978, Ch. 5.)
  93. 36454.4.

    ## 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 5.5. Alternative Provisions for the Consolidation of Coterminous Improvement Districts [36454 - 36454.4] ( Chapter 5.5 added by Stats. 1978, Ch. 5. )

    Verify source ↗

    The board may adopt a resolution to consolidate certain coterminous improvement districts, and the parent district must file a required statement if it uses the alternative county assessment method and is operating under Part 7.5.

    ## 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 5.5. Alternative Provisions for the Consolidation of Coterminous Improvement Districts [36454 - 36454.4] ( Chapter 5.5 added by Stats. 1978, Ch. 5. ) ## 36454.4. At the conclusion of the hearing on the resolution of intention provided for in Section 36454.3, the board may adopt a resolution declaring the existing coterminous improvement districts described in the resolution of intention to be consolidated in one improvement district which shall be designated therein. The resolution shall contain the legal description thereof as well as a statement of the purposes of the consolidated improvement district. If the parent district has adopted the alternative method for the levy, collection and enforcement of district assessment by the county and is operating under the provisions of Part 7.5 (commencing with Section 37200) of this division, it shall file a statement as required by Chapter 8 (commencing with Section 54900) of Part 1, Division 2, Title 5 of the Government Code. The resolution shall contain a determination that such consolidation is in the best interests of the present and future property owners and taxpayers. Any such resolution shall be subject to referendum held within the boundaries described in the resolution adopted as provided for herein. (Added by Stats. 1978, Ch. 5.)
  94. 36455.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 1. Authorization of Improvements [36455 - 36455.4] ( Article 1 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    The board may order water-related improvements when it believes the public interest or convenience requires 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 1. Authorization of Improvements [36455 - 36455.4] ( Article 1 added by Stats. 1965, Ch. 268. ) ## 36455. Whenever, in the opinion of the board, the public interest or convenience may require, the board may order the acquisition or construction in, under, or upon the whole or any portion of any one or more of the streets or public places of the district, or any property or rights-of-way owned by the district, of any work or improvement for the production, storage, transmission and distribution of water for irrigation, domestic, industrial and municipal purposes, or for collecting, treating, and disposing of sewage, waste and storm waters, and provide that the cost thereof shall be assessed upon any district to be assessed therefor, which district need not be composed of lands contiguous to each other. (Added by Stats. 1965, Ch. 268.)
  95. 36455.1.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 1. Authorization of Improvements [36455 - 36455.4] ( Article 1 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    The work or improvement, and the related cost assessment and collection, must follow the procedures in specified improvement statutes.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 1. Authorization of Improvements [36455 - 36455.4] ( Article 1 added by Stats. 1965, Ch. 268. ) ## 36455.1. The work or improvement shall be done and the cost thereof assessed and collected in accordance with the procedures of the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), or the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code). (Amended by Stats. 1974, Ch. 426.)
  96. 36455.2.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 1. Authorization of Improvements [36455 - 36455.4] ( Article 1 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    The board of directors may, at its discretion, use the acts for construction, assessments, reassessments, and issuing bonds to pay related costs.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 1. Authorization of Improvements [36455 - 36455.4] ( Article 1 added by Stats. 1965, Ch. 268. ) ## 36455.2. Such acts or any of them may be used in the discretion of the board of directors in the construction of any work to be done or improvements made under this act and in the levying of assessments and reassessments and the issuing of bonds to pay for costs and expenses of the work and improvements done or to be done hereunder. (Added by Stats. 1965, Ch. 268.)
  97. 36455.3.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 1. Authorization of Improvements [36455 - 36455.4] ( Article 1 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    A certified copy of an assessment and its attached diagram must be recorded with the county surveyor or superintendent of streets, depending on whether the improvement district is in unincorporated or incorporated territory.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 1. Authorization of Improvements [36455 - 36455.4] ( Article 1 added by Stats. 1965, Ch. 268. ) ## 36455.3. As additional notice a certified copy of any assessment and the diagram attached thereto issued under any of said acts shall be recorded in the office of the county surveyor if the improvement district or any part thereof is in unincorporated territory and with the superintendent of streets of the city or cities if the improvement district or any part thereof is in incorporated territory and shall remain an official record in the office in which it may be filed. Such filing, however, shall not affect or qualify the district record thereof. (Added by Stats. 1965, Ch. 268.)
  98. 36455.4.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 1. Authorization of Improvements [36455 - 36455.4] ( Article 1 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    A district may agree with a municipality inside the district to transfer a constructed work or improvement for the municipality to operate and maintain, if the board finds residents would be better served that way.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 1. Authorization of Improvements [36455 - 36455.4] ( Article 1 added by Stats. 1965, Ch. 268. ) ## 36455.4. A district may enter into an agreement with any municipality within the district whereby any work or improvement constructed pursuant to the provisions of this chapter may be transferred to the municipality for operation and maintenance. The power to make such an agreement is conditioned upon a finding by the board that the residents of the district would be better served by such municipal operation and maintenance. (Added by Stats. 1965, Ch. 268.)
  99. 36456.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    This section says the terms used in the referenced laws are defined by the meanings given in this article for 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. ) ## 36456. As used in the laws referred to in this chapter the terms therefrom set forth in this article refer for the purposes of this chapter to that which this article states each respectively refers. (Added by Stats. 1965, Ch. 268.)
  100. 36456.1.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    In this section, “city” means the 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. ) ## 36456.1. “City” refers to the water district. (Added by Stats. 1965, Ch. 268.)
  101. 36456.2.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    In this provision, “city council” or “legislative body” means the water district’s board of directors.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. ) ## 36456.2. “City council” or “legislative body” refers to the board of directors of the water district. (Added by Stats. 1965, Ch. 268.)
  102. 36456.3.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    “Mayor” means the president of the board of directors of the 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. ) ## 36456.3. “Mayor” refers to the president of the board of directors of the water district. (Added by Stats. 1965, Ch. 268.)
  103. 36456.4.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    In this section, “Clerk” means the secretary of the board of directors of the 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. ) ## 36456.4. “Clerk” refers to the secretary of the board of directors of the water district. (Added by Stats. 1965, Ch. 268.)
  104. 36456.5.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    “Council chambers” means the place the water district’s board of directors designates for its regular meetings.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. ) ## 36456.5. “Council chambers” refers to the place designated by the board of directors of the water district for holding its regular meetings. (Added by Stats. 1965, Ch. 268.)
  105. 36456.6.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    “Treasurer” means the treasurer of the 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. ) ## 36456.6. “Treasurer” refers to the treasurer of the water district. (Added by Stats. 1965, Ch. 268.)
  106. 36456.7.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    This section defines “superintendent of streets,” “street superintendent,” and “city engineer” to mean the engineer of the 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. ) ## 36456.7. “Superintendent of streets” or “street superintendent” and “city engineer” refer to the engineer of the water district. (Added by Stats. 1965, Ch. 268.)
  107. 36456.8.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    This section defines “right-of-way” for the Water Code article.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. ) ## 36456.8. “Right-of-way” refers to any parcel of land through which a right-of-way has been granted to the water district for any purpose. (Added by Stats. 1965, Ch. 268.)
  108. 36456.9.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    Words about municipal officers and matters are read to mean the corresponding water district officers and matters under this 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 2. Definition of Improvement Act Terms [36456 - 36456.9] ( Article 2 added by Stats. 1965, Ch. 268. ) ## 36456.9. All words relating to municipal officers and matters refer to the corresponding officers of water districts and matters under this division. (Added by Stats. 1965, Ch. 268.)
  109. 36457.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 3. Engineer of Work [36457 - 36457.3] ( Article 3 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    The board may appoint unpaid officers other than the engineer to perform duties assigned to a street superintendent or city engineer under laws referred to in 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 3. Engineer of Work [36457 - 36457.3] ( Article 3 added by Stats. 1965, Ch. 268. ) ## 36457. The board may appoint officers other than the engineer, without compensation, as the officer to perform any or all of the duties conferred upon the street superintendent or city engineer in any law referred to in this chapter. (Added by Stats. 1965, Ch. 268.)
  110. 36457.1.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 3. Engineer of Work [36457 - 36457.3] ( Article 3 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    The board may appoint an engineer of work, and if it does, that engineer performs the city engineer duties referenced in 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 3. Engineer of Work [36457 - 36457.3] ( Article 3 added by Stats. 1965, Ch. 268. ) ## 36457.1. The board may appoint an engineer of work, in which event the duties to be performed by the city engineer as set forth in any law referred to in this chapter shall be performed by the engineer of work, whose compensation and expenses shall constitute an incidental expense in the cost of the work. (Added by Stats. 1965, Ch. 268.)
  111. 36457.2.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 3. Engineer of Work [36457 - 36457.3] ( Article 3 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    The board may require the work to be done under the engineer of work’s direction and satisfaction, require materials to match the engineer’s specifications, and require the engineer to make and sign the assessment.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 3. Engineer of Work [36457 - 36457.3] ( Article 3 added by Stats. 1965, Ch. 268. ) ## 36457.2. The board may provide that the work shall be done under the direction and to the satisfaction of the engineer of work, that the materials used shall comply with his specifications and be to his satisfaction, and that he shall make and sign the assessment. (Added by Stats. 1965, Ch. 268.)
  112. 36457.3.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 3. Engineer of Work [36457 - 36457.3] ( Article 3 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    The engineer must enter into the contract, and once the assessment and warrant are confirmed, they must be recorded in the engineer’s office.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 3. Engineer of Work [36457 - 36457.3] ( Article 3 added by Stats. 1965, Ch. 268. ) ## 36457.3. The contract shall be entered into by the engineer, and the assessment and warrant, when confirmed, shall be recorded in the office of the engineer. (Added by Stats. 1965, Ch. 268.)
  113. 36458.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 4. Assessments and Bonds for Agricultural Water Delivery Facilities [36458 - 36458.1] ( Article 4 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    Bonds issued under this chapter for agricultural water supply facilities may run for up to 24 years and may set the first maturity date and repayment installments as specified.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 4. Assessments and Bonds for Agricultural Water Delivery Facilities [36458 - 36458.1] ( Article 4 added by Stats. 1965, Ch. 268. ) ## 36458. Bonds issued pursuant to this chapter for facilities for delivery primarily of agricultural water supplies, in accordance with the provisions of any of the improvement acts mentioned in this chapter, may extend over a period not exceeding 24 years from the 2nd day of January next succeeding the next September 1st following their date and may provide that the first maturity date shall be the 2nd day of January, three years succeeding the next September 1st following their date and shall be paid in equal annual installments on January 2nd thereafter until the whole principal amount with accrued interest is paid. (Added by Stats. 1965, Ch. 268.)
  114. 36458.1.

    ## 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 4. Assessments and Bonds for Agricultural Water Delivery Facilities [36458 - 36458.1] ( Article 4 added by Stats. 1965, Ch. 268. )

    Verify source ↗

    The board of directors may include certain bond interest when calculating assessments and bonds, but only for interest expected during construction and only up to three years from bond 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 6. Adoption of Improvement Acts [36455 - 36458.1] ( Chapter 6 added by Stats. 1965, Ch. 268. ) ## ARTICLE 4. Assessments and Bonds for Agricultural Water Delivery Facilities [36458 - 36458.1] ( Article 4 added by Stats. 1965, Ch. 268. ) ## 36458.1. In determining the amount of the assessments to be levied and bonds to be issued pursuant to this chapter, the board of directors may include bond interest for facilities for delivery primarily of agricultural water supplies estimated to accrue during the period of construction, but not exceeding three years from the date of issuance of said bonds. (Added by Stats. 1965, Ch. 268.)
  115. 36460.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Petition for Formation [36460 - 36466] ( Article 1 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    Land within a water district may be formed into a distribution district for specified contracting purposes.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Petition for Formation [36460 - 36466] ( Article 1 added by Stats. 1957, Ch. 1935. ) ## 36460. Land within a water district, which need not be contiguous, may be formed into a distribution district for the purpose of contracting with the United States, pursuant to federal reclamation laws, or for the purpose of contracting with the district for the construction of a distribution system separate from or supplemental to the works of the district. (Added by Stats. 1957, Ch. 1935.)
  116. 36461.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Petition for Formation [36460 - 36466] ( Article 1 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    This section defines “federal reclamation law” for this part.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Petition for Formation [36460 - 36466] ( Article 1 added by Stats. 1957, Ch. 1935. ) ## 36461. As used in this part, “federal reclamation law” shall mean the Federal Reclamation Act of June 17, 1902 (32 Stats. 388), and all acts amendatory thereof or supplemental thereto. (Added by Stats. 1957, Ch. 1935.)
  117. 36462.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Petition for Formation [36460 - 36466] ( Article 1 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    A distribution district may be proposed, and the petition must be signed by at least two-thirds of the holders of title to land in the proposed district who appear on the last equalized assessment roll.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Petition for Formation [36460 - 36466] ( Article 1 added by Stats. 1957, Ch. 1935. ) ## 36462. The formation of a distribution district may be proposed and the petition therefor shall be signed by two-thirds or more in number of the holders of title to the land in the proposed distribution district appearing on the last equalized assessment roll of the district. (Added by Stats. 1957, Ch. 1935.)
  118. 36463.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Petition for Formation [36460 - 36466] ( Article 1 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    A petition to form a distribution district must include the required plans, land descriptions, owner information, and petitioners’ signatures.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Petition for Formation [36460 - 36466] ( Article 1 added by Stats. 1957, Ch. 1935. ) ## 36463. A petition for the formation of a distribution district shall contain all of the following: (a) Statement of the plans of the proposed distribution system. (b) Description of the land in the proposed distribution district. (c) Names of the owners of all land within the proposed distribution district with their last known addresses. (d) Description of the land owned in the proposed distribution district by each owner, which shall be according to the next preceding equalized assessment book of the district. (e) Signatures of the petitioners. (Added by Stats. 1957, Ch. 1935.)
  119. 36464.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Petition for Formation [36460 - 36466] ( Article 1 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    The petition, related proceedings, the distribution district, and the land in it must be designated by a number.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Petition for Formation [36460 - 36466] ( Article 1 added by Stats. 1957, Ch. 1935. ) ## 36464. The petition, all proceedings in reference to it, the distribution district, and the land in it shall be designated by a number. (Added by Stats. 1957, Ch. 1935.)
  120. 36465.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Petition for Formation [36460 - 36466] ( Article 1 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    A petition may be made up of any number of separate instruments, but they must be duplicates except for the signatures.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Petition for Formation [36460 - 36466] ( Article 1 added by Stats. 1957, Ch. 1935. ) ## 36465. The petition may consist of any number of separate instruments, which shall be duplicates except as to signatures. (Added by Stats. 1957, Ch. 1935.)
  121. 36466.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Petition for Formation [36460 - 36466] ( Article 1 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    A petition to form a distribution district must be filed with the secretary in the district office, and interested persons may inspect it.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Petition for Formation [36460 - 36466] ( Article 1 added by Stats. 1957, Ch. 1935. ) ## 36466. A petition to form a distribution district shall be filed with the secretary in the office of the district and may be inspected by all persons interested. (Added by Stats. 1957, Ch. 1935.)
  122. 36470.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Plans and Estimate of Assessment [36470 - 36472] ( Article 2 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    If a petition is received to form a distribution district, the board must arrange for a survey of the proposed distribution system.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Plans and Estimate of Assessment [36470 - 36472] ( Article 2 added by Stats. 1957, Ch. 1935. ) ## 36470. Upon receipt of a petition to form a distribution district the board shall cause a survey to be made of the proposed distribution system. (Added by Stats. 1957, Ch. 1935.)
  123. 36471.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Plans and Estimate of Assessment [36470 - 36472] ( Article 2 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    If the survey shows the improvements are feasible, the board must have plans, cost estimates, and an assessment statement prepared for the proposed distribution system.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Plans and Estimate of Assessment [36470 - 36472] ( Article 2 added by Stats. 1957, Ch. 1935. ) ## 36471. If the survey shows that the improvements are feasible, the board shall cause to be prepared the following: (a) Plans and specifications of the proposed distribution system. (b) An estimate of the cost of the proposed distribution system, which may include an amount not in excess of ten percent (10%) of the aggregate cost of the proposed distribution system, to create a reserve fund to be used and applied as additional security for the payment of any sums due under a contract with the United States or the district for the payment of the cost of the proposed distribution system. (c) Statement of the proposed assessment which probably will be necessary to meet the distribution district’s obligation to the United States or the district under the proposed contract or contracts, apportioned to each tract of land in the proposed distribution district as the tracts appear on the last equalized district assessment book and to district-owned land in the proposed distribution district, whether or not it appears on the last equalized district assessment book, which apportionment shall be according to the benefits that will accrue to each tract by virtue of the construction of the distribution system. (Added by Stats. 1957, Ch. 1935.)
  124. 36472.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Plans and Estimate of Assessment [36470 - 36472] ( Article 2 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    The plans, cost estimate, and proposed assessment statement must be filed with the district secretary, and interested persons may inspect them.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Plans and Estimate of Assessment [36470 - 36472] ( Article 2 added by Stats. 1957, Ch. 1935. ) ## 36472. The plans and specifications, estimate of cost and the statement of the proposed assessment shall be filed with the secretary in the office of the district and may be inspected by all persons interested. (Added by Stats. 1957, Ch. 1935.)
  125. 36480.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 3. Hearing on Formation [36480 - 36484] ( Article 3 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    The board must give notice of a hearing after the formation petition and related filing materials are filed.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 3. Hearing on Formation [36480 - 36484] ( Article 3 added by Stats. 1957, Ch. 1935. ) ## 36480. After the filing of the formation petition, the plans and specifications, the estimate of cost and statement of the proposed assessment, the board shall give notice of a hearing upon the petition, which said notice shall also state that the hearing is called to determine whether or not the special assessment should be levied. (Added by Stats. 1957, Ch. 1935.)
  126. 36481.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 3. Hearing on Formation [36480 - 36484] ( Article 3 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    Notice of the formation hearing must be posted, published, and mailed, and the notice must be done at least 20 days before the hearing date.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 3. Hearing on Formation [36480 - 36484] ( Article 3 added by Stats. 1957, Ch. 1935. ) ## 36481. Notice of the hearing shall be given by all of the following: (a) Posting a notice in three public places within the proposed distribution district. (b) Publication of the notice once a week for two weeks in a newspaper published in the office county. (c) Mailing a copy of the notice to the last known address of all of the owners of land in the proposed distribution district to the addresses appearing on the last equalized assessment role of the district. The notices shall be posted and mailed not less than 20 days prior to the date set for the hearing. (Added by Stats. 1957, Ch. 1935.)
  127. 36482.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 3. Hearing on Formation [36480 - 36484] ( Article 3 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    At the hearing, the board must hear objections about the petition, formation of the district, included land, plans and specifications, cost estimate, proposed assessment, and assessment apportionment.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 3. Hearing on Formation [36480 - 36484] ( Article 3 added by Stats. 1957, Ch. 1935. ) ## 36482. At the hearing the board shall hear any objections coming before it to any of the following: (a) The petition. (b) The formation of the distribution district. (c) The land to be included within the distribution district. (d) The plans and specifications. (e) The estimate of cost. (f) The proposed assessment. (g) The apportionment of the assessment. (Added by Stats. 1957, Ch. 1935.)
  128. 36483.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 3. Hearing on Formation [36480 - 36484] ( Article 3 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    At the hearing, the board must make any changes related to Section 36482 as it considers proper, and it may exclude part of the petitioned land or add additional land to the proposed distribution district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 3. Hearing on Formation [36480 - 36484] ( Article 3 added by Stats. 1957, Ch. 1935. ) ## 36483. At the hearing the board shall make any changes in reference to matters set forth in Section 36482 as it considers proper. The board may exclude any part of the land described in the petition from the proposed distribution district and may include additional land. (Added by Stats. 1957, Ch. 1935.)
  129. 36484.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 3. Hearing on Formation [36480 - 36484] ( Article 3 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    If additional land is included in a proposed distribution district, the hearing must be continued and the owners of the added land must receive personal notice at least 20 days in advance.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 3. Hearing on Formation [36480 - 36484] ( Article 3 added by Stats. 1957, Ch. 1935. ) ## 36484. If any additional land is included within the proposed distribution district, the hearing shall be continued and the owners of the added land given personal notice of not less than 20 days of the addition of the land to the distribution district. (Added by Stats. 1957, Ch. 1935.)
  130. 36490.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    If more than one-third of land title holders in a proposed distribution district object at the hearing, the board must deny the petition and stop the proceeding.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. ) ## 36490. Regardless of any findings made by the board, if more than one-third in number of the holders of title to land within the proposed distribution district object at the hearing to its formation or to the levy of the proposed assessment, the board shall deny the petition and no further proceeding shall be had on it. (Added by Stats. 1957, Ch. 1935.)
  131. 36491.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    If the board decides at the hearing that forming the distribution district is not in the district’s best interests, it must dismiss the proceedings without prejudice to renewal.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. ) ## 36491. If at the hearing the board finds that it would not be for the best interests of the district to form the distribution district, the board shall order the proceedings dismissed without prejudice to their renewal. (Added by Stats. 1957, Ch. 1935.)
  132. 36492.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    If the board finds forming the district is in the best interests of the district and proposed distribution district, it must enter a final order approving the petition and setting up the district and assessment details.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. ) ## 36492. If the board finds that it would be for the best interests of the district and the proposed distribution district to form the distribution district, it shall make and enter in its minutes a final order: (a) Approving the petition. (b) Forming the distribution district. (c) Providing that the assessment shall be levied each year in the same manner as district assessments to meet the obligations of the contract with the United States under federal reclamation laws or the obligations of the contract with the district. (d) Apportioning the assessment to the land in the distribution district according to benefits. (e) Describing the land in the distribution district. (Added by Stats. 1957, Ch. 1935.)
  133. 36493.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    Distribution district assessments must be set in an amount sufficient to meet contract obligations and are payable like district assessments.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. ) ## 36493. Assessments levied for the purpose of meeting obligations accruing under a contract with the United States pursuant to the reclamation laws or under a contract with the district, shall be payable in the same manner and at the same time as district assessments, and such distribution district assessments shall be made in the number and amount sufficient to meet the obligations accruing under such contract. (Added by Stats. 1957, Ch. 1935.)
  134. 36494.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    The secretary must cause a certified copy of the order creating the distribution district to be recorded with the county recorder in each county where district land is located.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. ) ## 36494. The secretary shall cause a certified copy of the order creating the distribution district to be recorded in the office of the county recorder in each county in which any land of the distribution district is situated. (Added by Stats. 1957, Ch. 1935.)
  135. 36495.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    Each assessment installment remains a lien on the land in the distribution district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. ) ## 36495. The assessment, and each installment of it, shall be and remain a lien on the land in the distribution district in the same manner as, and be a part of, the annual assessment of the district. (Added by Stats. 1957, Ch. 1935.)
  136. 36496.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    All lands in the distribution district remain jointly liable for obligations owed to the United States or the district under certain contracts.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. ) ## 36496. All lands of the distribution district shall remain jointly liable for all obligations accruing to the United States or accruing to the district under any contract between the distribution district and the United States or any contract between the distribution district and the district. (Added by Stats. 1957, Ch. 1935.)
  137. 36497.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    If a parcel in a distribution district is changed or resubdivided in the assessment book, the board may reapportion that parcel’s district assessment.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. ) ## 36497. Upon a change or resubdivision upon the assessment book of the district of any parcel of land in a distribution district, the board upon its own initiative or upon petition of the owner of the parcel so changed or resubdivided, may reapportion the distribution district assessment upon the parcel, and the order of reapportionment shall be recorded in the same manner as the order levying the original assessment. (Added by Stats. 1957, Ch. 1935.)
  138. 36498.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    If the actual payment under the contract is substantially lower than estimated, the assessment on each parcel may be reduced proportionately.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. ) ## 36498. If the actual amount to be paid by the distribution district to the United States or to the district under the contract to be executed is substantially less than the estimated amount, the assessment may be reduced proportionately on each parcel by recomputing it, based on the actual amount to be repaid as set forth in said contract. The reapportionment or a statement that the assessment on each parcel has been reduced by a designated percentage shall be recorded in the same manner as the order levying the original assessment. (Added by Stats. 1957, Ch. 1935.)
  139. 36499.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    The district must pay assessment installments that come due while it still owns the land, and later private conveyance does not release the assessment lien or unpaid installments.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 1. Formation [36460 - 36499] ( Chapter 1 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 4. Formation and Assessment [36490 - 36499] ( Article 4 added by Stats. 1957, Ch. 1935. ) ## 36499. Installments of assessments levied on district owned land becoming due while the land is still owned by the district shall be paid by the district. Conveyance of such lands into private ownership shall not release the lien thereon of the assessment and the unpaid installments of it. (Added by Stats. 1957, Ch. 1935.)
  140. 365.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.3. Excessive Residential Water Use During Drought [365 - 367] ( Chapter 3.3 added by Stats. 2016, Ch. 230, Sec. 1. )

    Verify source ↗

    This section says the chapter is intended to support water conservation and protect water resources, and it defines “urban retail water supplier” by reference to Section 10608.12.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.3. Excessive Residential Water Use During Drought [365 - 367] ( Chapter 3.3 added by Stats. 2016, Ch. 230, Sec. 1. ) ## 365. (a) The Legislature finds and declares that this chapter furthers important state policies of encouraging water conservation and protecting water resources in the interest of the people and for the public welfare. (b) For the purposes of this chapter, “urban retail water supplier” has the same meaning as provided in Section 10608.12. (Added by Stats. 2016, Ch. 230, Sec. 1. (SB 814) Effective January 1, 2017.)
  141. 36500.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 2. Inclusion and Exclusion of Land [36500 - 36514] ( Chapter 2 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Inclusion of Land [36500 - 36502] ( Article 1 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    A petition to include additional land in a distribution district may be filed with the board if it is signed by the landowners to be included and by two-thirds of the title holders in the district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 2. Inclusion and Exclusion of Land [36500 - 36514] ( Chapter 2 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Inclusion of Land [36500 - 36502] ( Article 1 added by Stats. 1957, Ch. 1935. ) ## 36500. If at any time it is desired to include additional land in a distribution district, a petition for inclusion signed by the owners of the land to be included and by two-thirds in number of the holders of title to the land in the distribution district may be filed with the board. (Added by Stats. 1957, Ch. 1935.)
  142. 36501.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 2. Inclusion and Exclusion of Land [36500 - 36514] ( Chapter 2 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Inclusion of Land [36500 - 36502] ( Article 1 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    An inclusion petition must describe the land in the enlarged distribution district and list the names and addresses of the owners of the additional land.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 2. Inclusion and Exclusion of Land [36500 - 36514] ( Chapter 2 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Inclusion of Land [36500 - 36502] ( Article 1 added by Stats. 1957, Ch. 1935. ) ## 36501. The inclusion petition shall describe the land in the distribution district as enlarged by the proposed inclusions and give the names and addresses of the owners of the additional land in substantially the same manner as in the original petition for forming a distribution district. (Added by Stats. 1957, Ch. 1935.)
  143. 36502.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 2. Inclusion and Exclusion of Land [36500 - 36514] ( Chapter 2 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Inclusion of Land [36500 - 36502] ( Article 1 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    The same proceedings used for an original petition to form a distribution district also apply to a petition to include land in the district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 2. Inclusion and Exclusion of Land [36500 - 36514] ( Chapter 2 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Inclusion of Land [36500 - 36502] ( Article 1 added by Stats. 1957, Ch. 1935. ) ## 36502. The same proceedings shall be had on the distribution district inclusion petition as upon the original petition for the formation of a distribution district. (Added by Stats. 1957, Ch. 1935.)
  144. 36510.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 2. Inclusion and Exclusion of Land [36500 - 36514] ( Chapter 2 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Exclusion of Land [36510 - 36514] ( Article 2 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    Certain landowners may file a verified petition asking the district board to exclude their land from the distribution district if the timing and ownership conditions are met.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 2. Inclusion and Exclusion of Land [36500 - 36514] ( Chapter 2 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Exclusion of Land [36510 - 36514] ( Article 2 added by Stats. 1957, Ch. 1935. ) ## 36510. At any time before a district has incurred any indebtedness or obligation, or after all indebtedness and obligations have been discharged, two-thirds or more in number of the holders of title to an area of land in the distribution district, as appears on the last equalized assessment roll, desiring to be excluded therefrom may by verified petition filed with the board of the district, request that the area be excluded from the distribution district. (Added by Stats. 1957, Ch. 1935.)
  145. 36511.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 2. Inclusion and Exclusion of Land [36500 - 36514] ( Chapter 2 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Exclusion of Land [36510 - 36514] ( Article 2 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    The district secretary must examine a filed petition and, if the petition appears to have the required number of landowner signatures, set it for hearing at the board’s first regular meeting after 30 days have passed.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 2. Inclusion and Exclusion of Land [36500 - 36514] ( Chapter 2 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Exclusion of Land [36510 - 36514] ( Article 2 added by Stats. 1957, Ch. 1935. ) ## 36511. The secretary of the district, upon the filing of the petition, shall examine it and if, in his opinion, the petition has been signed by the requisite number of landowners, he shall set it for hearing at the first regular meeting of the board of the district held after the expiration of 30 days after the filing of the petition. (Added by Stats. 1957, Ch. 1935.)
  146. 36512.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 2. Inclusion and Exclusion of Land [36500 - 36514] ( Chapter 2 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Exclusion of Land [36510 - 36514] ( Article 2 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    The secretary of the board must post and publish notice of the hearing time and place before a land-exclusion hearing.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 2. Inclusion and Exclusion of Land [36500 - 36514] ( Chapter 2 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Exclusion of Land [36510 - 36514] ( Article 2 added by Stats. 1957, Ch. 1935. ) ## 36512. The secretary of the board shall cause notice of the time and place of hearing to be posted for a period of two weeks next preceding the hearing (a) in three public places in the area requested to be excluded, and (b) in three public places in the area of the distribution district which has not been requested to be excluded, and to be published once a week for two weeks in a newspaper of general circulation in the county in which any portion of the distribution district is located. (Added by Stats. 1957, Ch. 1935.)
  147. 36513.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 2. Inclusion and Exclusion of Land [36500 - 36514] ( Chapter 2 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Exclusion of Land [36510 - 36514] ( Article 2 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    At the hearing, interested people may speak for or against a petition to exclude land. If the district board decides exclusion is in the district’s best interests, it must issue an exclusion order and have it recorded in each county where the land is located.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 2. Inclusion and Exclusion of Land [36500 - 36514] ( Chapter 2 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Exclusion of Land [36510 - 36514] ( Article 2 added by Stats. 1957, Ch. 1935. ) ## 36513. At the time and place of the hearing, anyone interested in the petition for exclusion may appear before the board of the district and urge or oppose its approval. After the hearing, if the board of the district determines that it is for the best interests of the distribution district that the land requested to be excluded, or any portion thereof, should be excluded, the board of the district shall make an order excluding the land, or portion thereof, and cause it to be recorded in the office of the county recorder of each county in which the excluded land is located. (Added by Stats. 1957, Ch. 1935.)
  148. 36514.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 2. Inclusion and Exclusion of Land [36500 - 36514] ( Chapter 2 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Exclusion of Land [36510 - 36514] ( Article 2 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    Petitioners must pay all expenses connected with a petition to exclude land from a distribution district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 2. Inclusion and Exclusion of Land [36500 - 36514] ( Chapter 2 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Exclusion of Land [36510 - 36514] ( Article 2 added by Stats. 1957, Ch. 1935. ) ## 36514. All expenses incurred in connection with a petition to exclude lands from a distribution district shall be paid by the petitioners. (Added by Stats. 1957, Ch. 1935.)
  149. 36520.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 3. Functioning of Distribution Districts [36520 - 36531] ( Chapter 3 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Distribution District Management [36520 - 36525] ( Article 1 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    In a district with a distribution district, the board and district officers have the same rights, powers, and privileges over the distribution district as they have over the district itself.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 3. Functioning of Distribution Districts [36520 - 36531] ( Chapter 3 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Distribution District Management [36520 - 36525] ( Article 1 added by Stats. 1957, Ch. 1935. ) ## 36520. In a district containing a distribution district the board and all of the officers of the district each respectively has all of the rights, powers and privileges as to the distribution district, its land, and the proceedings in relation to the distribution district that each respectively has for the district of which the distribution district is a part, including the right of the district to acquire, own, hold and dispose of property, and to contract in the name of the distribution district. (Added by Stats. 1957, Ch. 1935.)
  150. 36521.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 3. Functioning of Distribution Districts [36520 - 36531] ( Chapter 3 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Distribution District Management [36520 - 36525] ( Article 1 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    The board may hold or dispose of property connected to the distribution district as trustees for the district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 3. Functioning of Distribution Districts [36520 - 36531] ( Chapter 3 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Distribution District Management [36520 - 36525] ( Article 1 added by Stats. 1957, Ch. 1935. ) ## 36521. The board may also hold or dispose of property used or acquired in connection with the distribution district in the name of the directors and their successors in office as trustees for the distribution district. (Added by Stats. 1957, Ch. 1935.)
  151. 36522.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 3. Functioning of Distribution Districts [36520 - 36531] ( Chapter 3 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Distribution District Management [36520 - 36525] ( Article 1 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    The district board may replace some or all construction-cost assessments with charges for water use or other services from the distribution system.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 3. Functioning of Distribution Districts [36520 - 36531] ( Chapter 3 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Distribution District Management [36520 - 36525] ( Article 1 added by Stats. 1957, Ch. 1935. ) ## 36522. The board of the district may in lieu in whole or in part of levying assessments for repayment of construction costs under a contract with the United States or with the district, fix and collect charges for the use of water or for any other service furnished by means of the distribution system in the same manner and with the same effect as charges are made and collected by districts for the use of water or for services. Such charges may be in excess of charges made and collected by the district for the use of water or for services in other areas of the district. (Added by Stats. 1957, Ch. 1935.)
  152. 36523.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 3. Functioning of Distribution Districts [36520 - 36531] ( Chapter 3 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Distribution District Management [36520 - 36525] ( Article 1 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    The district board may use district funds to carry out required maintenance and operation of the distribution system instead of levying additional district assessments for that purpose.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 3. Functioning of Distribution Districts [36520 - 36531] ( Chapter 3 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Distribution District Management [36520 - 36525] ( Article 1 added by Stats. 1957, Ch. 1935. ) ## 36523. The board of the district may provide for any maintenance and operation of the distribution system of a distribution district that may be required by the provisions of the contract between the distribution district and the United States under the federal reclamation laws or under the contract between the distribution district and the district, from funds of the district in lieu of levying further distribution district assessments for such purposes. (Added by Stats. 1957, Ch. 1935.)
  153. 36524.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 3. Functioning of Distribution Districts [36520 - 36531] ( Chapter 3 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Distribution District Management [36520 - 36525] ( Article 1 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    The district board may provide for maintenance and operation of the distribution system, and fund it with charges for water or related services.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 3. Functioning of Distribution Districts [36520 - 36531] ( Chapter 3 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Distribution District Management [36520 - 36525] ( Article 1 added by Stats. 1957, Ch. 1935. ) ## 36524. The board of the district may provide for any maintenance and operation of the distribution system of a distribution district that may be required by the provisions of the contract between the distribution district and the United States under the federal reclamation laws or under the contract between the distribution district and the district, from funds raised by charges which are fixed and collected for the use of water or for any other such service furnished by means of the distribution system, in the same manner and with the same effect as charges are made and collected by district for the use of water or for services. Such charges may be in addition to other charges made by the district for the furnishing of water or other services. (Added by Stats. 1957, Ch. 1935.)
  154. 36525.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 3. Functioning of Distribution Districts [36520 - 36531] ( Chapter 3 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Distribution District Management [36520 - 36525] ( Article 1 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    A district may issue distribution district warrants if they are signed by the district president and secretary and funded from assessment and charge receipts.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 3. Functioning of Distribution Districts [36520 - 36531] ( Chapter 3 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 1. Distribution District Management [36520 - 36525] ( Article 1 added by Stats. 1957, Ch. 1935. ) ## 36525. A district may issue distribution district warrants signed by its president and secretary from receipts of distribution district assessments and charges in such amounts and to the United States, the district or such persons as may be required to carry out the provisions of a contract between a distribution district and the United States, executed under the federal reclamation laws, or a contract between the distribution district and the district. (Added by Stats. 1957, Ch. 1935.)
  155. 36530.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 3. Functioning of Distribution Districts [36520 - 36531] ( Chapter 3 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Actions and Proceedings [36530 - 36531] ( Article 2 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    Board actions on a distribution district are conclusive unless an action or proceeding is filed within six months.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 3. Functioning of Distribution Districts [36520 - 36531] ( Chapter 3 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Actions and Proceedings [36530 - 36531] ( Article 2 added by Stats. 1957, Ch. 1935. ) ## 36530. All acts, proceedings, conclusions, and findings of fact, including the levy of assessments or charges, by a board of a district concerning a distribution district herein shall be conclusive except in an action or proceeding instituted within six months after the acts, proceedings, conclusions, or findings were had or made. (Added by Stats. 1957, Ch. 1935.)
  156. 36531.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 3. Functioning of Distribution Districts [36520 - 36531] ( Chapter 3 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Actions and Proceedings [36530 - 36531] ( Article 2 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    An action to determine the validity of an assessment may be 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 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 3. Functioning of Distribution Districts [36520 - 36531] ( Chapter 3 added by Stats. 1957, Ch. 1935. ) ## ARTICLE 2. Actions and Proceedings [36530 - 36531] ( Article 2 added by Stats. 1957, Ch. 1935. ) ## 36531. An action to determine the validity of an assessment 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. 1530.)
  157. 36540.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 4. Dissolution of Distribution Districts [36540 - 36543] ( Chapter 4 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    A qualifying petition may be filed with the board to request dissolution of a distribution district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 4. Dissolution of Distribution Districts [36540 - 36543] ( Chapter 4 added by Stats. 1957, Ch. 1935. ) ## 36540. At any time prior to incurring any indebtedness or obligation, or upon the full payment of all indebtedness or obligations of a distribution district a petition, signed and acknowledged by not less than the number of owners of land constituting the distribution district required to sign a petition to form the distribution district, may be filed with the board requesting that the distribution district be dissolved. (Added by Stats. 1957, Ch. 1935.)
  158. 36541.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 4. Dissolution of Distribution Districts [36540 - 36543] ( Chapter 4 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    A dissolution hearing must be held in the same manner and with the same notice required for forming a distribution district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 4. Dissolution of Distribution Districts [36540 - 36543] ( Chapter 4 added by Stats. 1957, Ch. 1935. ) ## 36541. A hearing on dissolution shall be had in the same manner and after the same notice as is required for the formation of a distribution district. (Added by Stats. 1957, Ch. 1935.)
  159. 36542.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 4. Dissolution of Distribution Districts [36540 - 36543] ( Chapter 4 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    After the hearing, the board may order the distribution district dissolved.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 4. Dissolution of Distribution Districts [36540 - 36543] ( Chapter 4 added by Stats. 1957, Ch. 1935. ) ## 36542. The board may, after the hearing, order the distribution district dissolved. (Added by Stats. 1957, Ch. 1935.)
  160. 36543.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 4. Dissolution of Distribution Districts [36540 - 36543] ( Chapter 4 added by Stats. 1957, Ch. 1935. )

    Verify source ↗

    The order dissolving a distribution district must be recorded in the same way as the order that formed the district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 6.5. DISTRIBUTION DISTRICTS IN WATER DISTRICTS [36460 - 36543] ( Part 6.5 added by Stats. 1957, Ch. 1935. ) ## CHAPTER 4. Dissolution of Distribution Districts [36540 - 36543] ( Chapter 4 added by Stats. 1957, Ch. 1935. ) ## 36543. The order of dissolution shall be recorded in the same manner as the order forming the distribution district. (Added by Stats. 1957, Ch. 1935.)
  161. 36550.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    This section defines “board of supervisors” as the board of supervisors of the principal county.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36550. As used in this part “board of supervisors” means the board of supervisors of the principal county. (Added by Stats. 1951, Ch. 390.)
  162. 36551.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    In this part, “bond” means a general obligation bond.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36551. As used in this part “bond” means a general obligation bond. (Added by Stats. 1951, Ch. 390.)
  163. 36552.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    The board must file an estimate with the clerk of the board of supervisors within 90 days after the district is formed, and annually thereafter.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36552. Between the date on which the district was formed and 90 days thereafter, and between those dates annually thereafter, the board shall file with the clerk of the board of supervisors an estimate of the sum required by the district to discharge all of its obligations: (a) That are unpaid and matured at that date. (b) That will mature during the next year. (c) That it is probable will be incurred and mature during the next year. (Amended by Stats. 1985, Ch. 717, Sec. 1. Effective September 18, 1985.)
  164. 36553.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    The annual estimate must specify the part needed to pay bonds and bond interest.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36553. The annual estimate shall specify the portion thereof which will be required for the payment of bonds and of the interest on bonds. (Added by Stats. 1951, Ch. 390.)
  165. 36554.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    The annual estimate may include a board-set amount, but it cannot be more than 1% of the land’s total assessed value.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36554. The annual estimate may include an amount to be determined by the board but not to exceed 1 percent of the total assessed value of the land, which sum shall be apportioned to the bond fund and used for the redemption or purchase of unmatured bonds or for the creation of a sinking fund to pay bonds as they become due. (Added by Stats. 1951, Ch. 390.)
  166. 36555.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    The board must deduct certain anticipated water-sales revenue from the annual estimate, and that amount cannot be counted in the assessment amount for the year.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36555. The board shall deduct from the annual estimate the amount it anticipates will be derived from sales of water by the district and be available as needed to discharge its obligations during the next year, and this amount shall not be included in the sum required to be raised by assessment for that year. (Added by Stats. 1951, Ch. 390.)
  167. 36556.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    If the board expects district receipts will cover next year’s due obligations, it may report that to the board of supervisors instead of filing the annual estimate, and no assessment may be levied for that year.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36556. If, at the time any annual estimate is required to be filed, the board anticipates that the receipts from all sources will be sufficient and available as needed to pay all the district’s obligations due and payable during the next year, the board, in lieu of filing the estimate, may so report to the board of supervisors and no assessment shall be levied for that year. (Added by Stats. 1951, Ch. 390.)
  168. 36557.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    The board may levy and collect $0.50 per acre immediately after the district is formed, and must use the money to pay preliminary formation expenses.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36557. Immediately upon the formation of the district the board may levy and collect the sum of fifty cents ($0.50) per acre for each acre of land. The money collected shall be used by the board to pay the preliminary expenses incurred in forming the district. (Added by Stats. 1951, Ch. 390.)
  169. 36558.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    The board may set the district fiscal year start and end dates by resolution.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36558. The board may from time to time by resolution provide for a district fiscal year to commence and end at the dates specified in such resolution. (Added by Stats. 1965, Ch. 730.)
  170. 36559.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    If a fiscal year is adopted under Section 36558, the board may set by resolution a 90-day filing deadline for the annual estimate.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36559. If a fiscal year is adopted pursuant to Section 36558, in lieu of submitting the annual estimate at the time set forth in Section 36552, the board may, by resolution, establish that the annual estimate required by Section 36552 shall be filed within 90 days from the beginning of the district’s fiscal year so adopted. In that event, the annual assessment made pursuant to Section 36570 shall be made between the first day of the fiscal year and 90 days thereafter. (Amended by Stats. 1985, Ch. 717, Sec. 2. Effective September 18, 1985.)
  171. 36560.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    Certain district assessments are treated as ad valorem taxes and are not subject to Article XIII D procedures and approval process.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Annual Estimate [36550 - 36560] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 36560. Assessments that are imposed pursuant to this part and Part 7.5 (commencing with Section 37200) to pay the principal of, and interest on, general obligation bonds of a district or which are issued by a district for an improvement district are ad valorem taxes that are imposed in accordance with subdivision (b) of Section 1 of Article XIII A of the California Constitution and are not, therefore, subject to the procedures and approval process of Article XIII D of the California Constitution. This section shall not be construed as declaring that any other type of assessment is either exempt from, or subject to, the procedures and approval process of Article XIII D of the California Constitution. (Added by Stats. 1997, Ch. 566, Sec. 3. Effective September 29, 1997.)
  172. 36570.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    The assessor must assess all land in the district within 90 days after the district is formed, and during the same window each year after that.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 36570. Between the date on which the district was formed and 90 days thereafter, and between those dates in each succeeding year, the assessor shall assess all land, except that if all funds required to be raised are raised other than by assessment, no assessment need be levied and no assessment book need be prepared or equalized. (Added by Stats. 1951, Ch. 390.)
  173. 36571.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    Land must be assessed at its full cash value.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 36571. All of the land shall be assessed at its full cash value. (Added by Stats. 1951, Ch. 390.)
  174. 36572.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    The assessor must file an assessment book with the clerk of the board of supervisors within the time for assessing the land.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 36572. The assessor shall, within the time for assessing the land, file with the clerk of the board of supervisors an assessment book with appropriate headings in which shall be listed all of the land. (Added by Stats. 1951, Ch. 390.)
  175. 36573.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    The assessment book must list the title holder’s name if known, the land’s identifying description, and the land’s cash value.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 36573. The assessment book shall contain: (a) The name of the holder of title to the land if known, and if unknown, that fact shall be stated. (b) A description of the land sufficient to identify it. (c) The cash value of the land. (Added by Stats. 1951, Ch. 390.)
  176. 36574.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    If a district spans more than one county, it must prepare the assessment book in separate parts and separate volumes for land in each county.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 36574. If the district is contained in more than one county the assessment book shall be prepared with a separate part in a separate volume for the land in each county. (Added by Stats. 1951, Ch. 390.)
  177. 36575.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    A board may direct the assessor to use the county assessment-roll value as the land’s cash value, and the assessor must enter that value in the assessment book after deducting certain mineral, oil, gas, or hydrocarbon rights values.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 36575. In lieu of assessing the land, as aforesaid, the board may direct the assessor to, and the assessor shall thereupon adopt as the cash value of the land, and shall insert in the assessment book as such cash value the value of the land as the same appears on the assessment roll of the county in which the land is situated, except that any value of rights to minerals, oil, gas, or other hydrocarbon substances underlying the land which may be included in the assessed value of the land on the assessment roll of such county, shall be deducted by the assessor from such assessed value and the remainder of such assessed value shall be adopted as the cash value of the land, and inserted in the assessment book as such cash value. (Amended by Stats. 1959, Ch. 2041.)
  178. 36576.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    The board may levy an equal special assessment on each acre in the district, but only before water-delivery facilities are operating and only while facilities for agricultural water delivery are being planned and built.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 36576. Notwithstanding Section 36571, until such time as a district which has not theretofore delivered water for any purpose puts into operation facilities for the delivery of water, the board may levy a special assessment of an equal amount upon each acre of land within the district sufficient to defray all expenses as estimated by the board to be incurred for the general benefit of the district during the period in which facilities for the delivery of water primarily for agricultural purposes are being planned and constructed. In no event shall such equal amount assessment exceed three dollars ($3) per acre per year. (Amended by Stats. 1965, Ch. 223.)
  179. 36577.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    The board may use an alternative land valuation method based on benefits to the land, and the assessor must then use the board-determined amount as the assessed value for all land in the district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 36577. In lieu of assessing all land pursuant to its cash value as set forth in Section 36571 or the county assessed value pursuant to Section 36575, the board may provide for an alternative method of valuation based upon the benefits bestowed on the land by directing the assessor to, and the assessor shall thereafter, adopt as the assessed value of all land in the district an amount determined by the board pursuant to Section 36578. (Added by Stats. 1983, Ch. 162, Sec. 1. Effective June 30, 1983.)
  180. 36578.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    If a board chooses to value district land under Section 36577, it must hold a public hearing, give notice, allow evidence at the hearing, adopt a valuation schedule, and the district must not receive a property tax allocation under the referenced tax code provision.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 36578. If the board elects to have land within the district valued pursuant to Section 36577, the following procedures shall apply: (a) Prior to its adoption of a valuation based upon benefits under this section, the board shall hold a public hearing at which owners of property or residents of the district may appear and be heard. Notice of the hearing shall be given by the secretary by posting notice thereof at the district office at least 20 days prior to the hearing, stating the purpose, time, and place of hearing, together with publication thereof in a newspaper of general circulation in each county in which the district has land in accordance with Section 6063 of the Government Code. The notice shall also be mailed to each landowner as shown in the records of the district at least 20 days prior to the hearing. (b) At the hearing, evidence shall be introduced by the assessor and may be introduced by landowners or residents within the district as to the valuation schedules to be adopted by the board. (c) At the conclusion of the hearing, or as it may be continued from time to time, the board shall adopt a schedule of valuations on a per acre basis, or fractions thereof, for agricultural land and on a parcel, acreage, or square foot basis for nonagricultural land. The schedule shall reflect the proportional benefits bestowed on the property assessed by the operation of the district. Land may be classified as to direct or indirect receipt of district benefit, irrigated or nonirrigated use, commercial, industrial, or residential use, or any other method which reflects the benefits received. (d) Upon the board’s adoption of a schedule of valuations, the duties and responsibilities of the board of supervisors and clerk of the board of supervisors established in this chapter and Chapter 2 (commencing with Section 36725) shall be carried out by the board and secretary of the district, respectively. (e) There shall be no allocation of property tax revenues pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code to any district that utilizes the provisions of Section 36577. Each district utilizing Section 36577 shall notify the county auditor pursuant to Section 100 of the Revenue and Taxation Code that the district does not desire to receive a property tax allocation. (Amended by Stats. 1989, Ch. 789, Sec. 23.)
  181. 36579.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    If the board chooses certain land valuations, it may set multiple valuation schedules and separate assessments; the assessment book must list all assessments, and the assessor may prepare separate assessment statements.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 2. Assessment Book [36570 - 36579] ( Article 2 added by Stats. 1951, Ch. 390. ) ## 36579. If the board elects to have land within the district valued pursuant to Sections 36577 and 36578, the board may also provide for more than one schedule of valuations based upon different benefits bestowed on the land and the assignment of more than one valuation to the lands in the district and the levy of a separate assessment for the different benefits bestowed on the land. If the board elects to provide for separate valuations for separate benefits pursuant to this section, this chapter shall apply to the separate assessments. The assessment book shall include all assessments, but the assessor may, at his or her option, prepare separate assessment statements. (Added by Stats. 1985, Ch. 717, Sec. 3. Effective September 18, 1985.)
  182. 36590.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Land Escaping Assessment [36590- 36590.] ( Article 3 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    If land escaped a prior assessment or the assessment was invalidated, the board of supervisors must include that land in a later assessment hearing and charge it an additional amount.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 3. Land Escaping Assessment [36590- 36590.] ( Article 3 added by Stats. 1951, Ch. 390. ) ## 36590. If any land is not charged with its portion of any assessment or if the assessment on any land is adjudged invalid by any court of competent jurisdiction, that land shall at any subsequent assessment hearing be assessed, in addition to the then current assessment, by the board of supervisors in a sum which bears the same proportion to the total amount of the former assessment as its then assessed valuation bears to the total amount of the assessed valuation placed on all the land at the time the former assessment was levied. (Added by Stats. 1951, Ch. 390.)
  183. 366.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.3. Excessive Residential Water Use During Drought [365 - 367] ( Chapter 3.3 added by Stats. 2016, Ch. 230, Sec. 1. )

    Verify source ↗

    Residential customers are prohibited from excessive water use during the listed drought periods, and urban retail water suppliers must set up methods to identify, discourage, and penalize violations.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.3. Excessive Residential Water Use During Drought [365 - 367] ( Chapter 3.3 added by Stats. 2016, Ch. 230, Sec. 1. ) ## 366. (a) During periods described in subdivision (a) of Section 367, excessive water use is prohibited by a residential customer in a single-family residence or by a customer in a multiunit housing complex in which each unit is individually metered or submetered by the urban retail water supplier. (b) Each urban retail water supplier shall establish a method to identify and discourage excessive water use, through one of the following options: (1) Establishing a rate structure, subject to applicable constitutional and statutory limitations, that includes block tiers, water budgets, or rate surcharges over and above base rates for excessive water use by a residential water customer. (2) (A) Establishing an excessive water use ordinance, rule, or tariff condition, or amending an existing ordinance, rule, or tariff condition, that includes a definition of or a procedure to identify and address excessive water use by metered single-family residential customers and customers in multiunit housing complexes in which each unit is individually metered or submetered and may include a process to issue written warnings to a customer and perform a site audit of customer water usage prior to deeming the customer in violation. (B) For the purposes of subparagraph (A), excessive water use shall be measured in terms of either gallons or hundreds of cubic feet of water used during the urban retail water supplier’s regular billing cycle. In establishing the definition of excessive use, the urban retail water supplier may consider factors that include, but are not limited to, all of the following: (i) Average daily use. (ii) Full-time occupancy of households. (iii) Amount of landscaped land on a property. (iv) Rate of evapotranspiration. (v) Seasonal weather changes. (C) (i) A violation of an excessive use ordinance, rule, or tariff condition established pursuant to subparagraph (A) shall result in an infraction or administrative civil penalty. The penalty for a violation may be based on conditions identified by the urban retail water supplier and may include, but is not limited to, a fine of up to five hundred dollars ($500) for each hundred cubic feet of water, or 748 gallons, used above the excessive water use threshold established by the urban retail water supplier in a billing cycle. (ii) Any fine imposed pursuant to this subparagraph shall be added to the customer’s water bill and is due and payable with that water bill. (iii) Each urban retail water supplier shall have a process for nonpayment of the fine, which shall be consistent with due process and reasonably similar to the water supplier’s existing process for nonpayment of a water bill. (D) (i) Consistent with due process, an urban retail water supplier shall establish a process and conditions for the appeal of a fine imposed pursuant to subparagraph (C) whereby the customer may contest the imposition of the fine for excessive water use. (ii) As part of the appeal process, the customer shall be provided with an opportunity to provide evidence that there was no excessive water use or of a bona fide reason for the excessive water use, including evidence of a water leak, a medical reason, or any other reasonable justification for the water use, as determined by the urban retail water supplier. (iii) As part of the appeal process, the urban retail water supplier shall provide documentation demonstrating the excessive water use. (c) (1) The provisions of subdivision (b) do not apply to an urban retail water supplier that is not fully metered in accordance with Section 527. An urban retail water supplier shall comply with the provisions of subdivision (b) when all of the water supplier’s residential water service connections are being billed based on metered water usage. (2) An urban retail water supplier that is not fully metered shall prohibit water use practices by an ordinance, resolution, rule, or tariff condition that imposes penalties for prohibited uses of water supplied by the water supplier. The urban retail water supplier may include a process to issue written warnings prior to imposing penalties as well as increased penalty amounts for successive violations. (Amended by Stats. 2017, Ch. 561, Sec. 260. (AB 1516) Effective January 1, 2018.)
  184. 36600.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    The board of supervisors must set a hearing date within 60 days after the estimate and assessment book are filed, and then hear objections to the assessments as a board of equalization.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36600. Within 60 days after the estimate and the assessment book have been filed with the clerk of the board of supervisors, the board of supervisors shall fix a time for a hearing, not less than 22 days and not more than 40 days thereafter, at which the board of supervisors acting as a board of equalization shall meet and hear any objections to the assessments. (Added by Stats. 1951, Ch. 390.)
  185. 36601.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. )

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    The clerk of the board of supervisors must publish notice of the hearing once a week for two consecutive 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 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36601. The clerk of the board of supervisors shall give notice of the hearing by publication once a week for two consecutive weeks in a newspaper of general circulation published in each affected county, which notice shall state each of the following: (a) The time and place of the hearing, which shall be the regular meeting place of the board of supervisors. (b) The time and place where the assessment book may be inspected by the public. (Added by Stats. 1951, Ch. 390.)
  186. 36602.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. )

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    The notice must be first published at least 15 days before the hearing date.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36602. The first publication of the notice shall be at least 15 days prior to the date fixed for the hearing. (Added by Stats. 1951, Ch. 390.)
  187. 36603.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. )

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    The assessment book must be open to public inspection at the board of supervisors’ office during the period between calling the hearing and the hearing itself.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36603. From the time of calling the hearing and until the hearing is held, the assessment book shall be open to public inspection at the office of the board of supervisors. (Added by Stats. 1951, Ch. 390.)
  188. 36604.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    At the hearing, the board of supervisors acting as a board of equalization must hear objections and related testimony about the correctness of assessments, and stay in session until the objections and evidence are heard and acted on.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36604. At the hearing the board of supervisors, meeting as a board of equalization, shall: (a) Hear all objections presented to it regarding the correctness of any assessment. (b) Hear all testimony relevant to the objections. (c) Continue in session from day to day until all objections and relevant evidence have been heard and acted upon. (Added by Stats. 1951, Ch. 390.)
  189. 36605.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. )

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    After hearing objections and evidence, the board of supervisors must adjust assessed land values, set full cash value for unassessed land, and for certain Section 36577 lands change assessed value to reflect the district’s proportional benefit.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36605. After hearing all objections and evidence, the board of supervisors shall: (a) Add to or deduct from the valuation assessed to any parcel of land a percent thereof sufficient to raise it or reduce it to its full cash value. (b) Fix the full cash value of any land that has not been assessed. (c) In the case of lands assessed pursuant to Section 36577, change the assessed value of any parcel so as to reflect the proportional benefit bestowed upon the parcel by the operations of the district. (Amended by Stats. 1983, Ch. 162, Sec. 3. Effective June 30, 1983.)
  190. 36606.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    When the board of supervisors acts as a board of equalization, it must record ordered changes or additions in the assessment book and endorse the order on the entry.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36606. Any changes or additions ordered by the board of supervisors, acting as a board of equalization, shall be entered in the assessment book in the proper place and the order shall be endorsed on the margin of the entry, signed by the chairman, and attested by the clerk of the board of supervisors. (Added by Stats. 1951, Ch. 390.)
  191. 36607.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    Before the hearing closes, the assessor must add the values determined by the board of supervisors, determine the gross assessed valuation of all land, and make a statement of it.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36607. Before the hearing is closed the assessor shall add the total values as determined by the board of supervisors and determine the gross assessed valuation of all the land and make a statement thereof. (Added by Stats. 1951, Ch. 390.)
  192. 36608.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    After the statement is completed, the board of supervisors acting as a board of equalization must set an ad valorem assessment rate for each $100 of assessed land value.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36608. After the statement is completed, the board of supervisors, acting as a board of equalization, shall fix an ad valorem rate of assessment upon each one hundred dollars ($100) in value of the land assessed sufficient to raise the sums specified in the annual estimate. (Added by Stats. 1951, Ch. 390.)
  193. 36609.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    After fixing the assessment rate, the board of supervisors must adjourn as a board of equalization, and the hearing ends.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36609. After fixing the rate of assessment, the board of supervisors shall adjourn as a board of equalization and the hearing is completed. (Added by Stats. 1951, Ch. 390.)
  194. 36610.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    Orders made by the board of supervisors at the assessment hearing are final, and if endorsed on or attached to the assessment book, they are conclusive evidence that the assessment was made and levied lawfully.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36610. The orders of the board of supervisors made at the hearing are final and when endorsed on or attached to the assessment book are conclusive evidence that the assessment was made and levied in accordance with the law. (Added by Stats. 1951, Ch. 390.)
  195. 36611.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. )

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    A person interested in land who is aggrieved by a board of supervisors’ decision may sue in the superior court of the principal county to have an assessment or levy corrected, modified, or annulled.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Assessment [36550 - 36611] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 4. Hearing on Assessment [36600 - 36611] ( Article 4 added by Stats. 1951, Ch. 390. ) ## 36611. Any person interested in land and aggrieved by a decision of the board of supervisors may, in order to have an assessment or levy thereon corrected, modified, or annulled, institute an action therefor in the superior court of the principal county. (Added by Stats. 1951, Ch. 390.)
  196. 367.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.3. Excessive Residential Water Use During Drought [365 - 367] ( Chapter 3.3 added by Stats. 2016, Ch. 230, Sec. 1. )

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    This section says the chapter applies only in specified drought emergency or local shortage situations, and it does not limit other measures or remedies used by an urban retail water supplier.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.3. Excessive Residential Water Use During Drought [365 - 367] ( Chapter 3.3 added by Stats. 2016, Ch. 230, Sec. 1. ) ## 367. (a) This chapter applies only as follows: (1) During a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on statewide drought conditions to an urban retail water supplier that has moved to a stage of action in response to a local water supply shortage condition under the water supplier’s contingency plan pursuant to paragraph (1) of subdivision (a) of Section 10632 that requires mandatory water use reductions. (2) To an urban retail water supplier during a period in which the water supplier has moved to a stage of action in response to a local water supply shortage condition under the water supplier’s contingency plan pursuant to paragraph (1) of subdivision (a) of Section 10632 that requires mandatory water use reductions. (3) To an urban retail water supplier affected during a period for which the Governor has issued a proclamation of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on local drought conditions. (b) The provisions of this chapter are in addition to, and do not supersede or limit, any other measures or remedies implemented by an urban retail water supplier. (Added by Stats. 2016, Ch. 230, Sec. 1. (SB 814) Effective January 1, 2017.)
  197. 36825.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Collection [36825 - 36833] ( Chapter 3 added by Stats. 1951, Ch. 390. )

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    After the assessment book is filed with the tax collector, the assessment on each separately assessed parcel, added delinquency penalties, and any unpaid water or other service charges become a lien on the land and give notice of that lien to everyone.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Collection [36825 - 36833] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## 36825. After the filing of all parts of the assessment book with the tax collector the assessment on each parcel of land separately assessed and any penalties for delinquency added thereto plus any unpaid charges for water and other services added to the assessment under the provisions of Section 36726 are a lien on the land and impart notice of the lien to all persons. (Amended by Stats. 1955, Ch. 207.)
  198. 36826.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Collection [36825 - 36833] ( Chapter 3 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    The assessor must publish a notice within 10 days after each assessment is due and payable.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Collection [36825 - 36833] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## 36826. Within 10 days after each assessment is due and payable, the assessor shall publish in a newspaper of general circulation published in the principal county a notice specifying all of the following: (a) The date on which the assessments became due and payable to the tax collector. (b) The time when the assessments will be delinquent, or, in the event the board has made an election as provided in Section 36950.5, the times when each half of the assessments will be delinquent. (c) That upon delinquency a penalty of 5 percent of the amount delinquent will be added thereto and the delinquent property sold to the district. (Amended by Stats. 1970, Ch. 380.)
  199. 36827.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Collection [36825 - 36833] ( Chapter 3 added by Stats. 1951, Ch. 390. )

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    Assessments must be paid 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 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Collection [36825 - 36833] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## 36827. Assessments shall be paid in lawful money of the United States. (Added by Stats. 1951, Ch. 390.)
  200. 36828.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Collection [36825 - 36833] ( Chapter 3 added by Stats. 1951, Ch. 390. )

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    The tax collector must record the date of payment in the assessment book next to the assessee’s name.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7. ASSESSMENTS [36550 - 37186] ( Part 7 added by Stats. 1951, Ch. 390. ) ## CHAPTER 3. Collection [36825 - 36833] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## 36828. The tax collector shall mark the date of payment in the assessment book opposite the name of the assessee. (Added by Stats. 1951, Ch. 390.)

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