Water Code — Part 26 | WAT — United States — California law | Esheria

Water Code

Part 26 of 51 · provisions 5,001–5,200

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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. 36829.

    ## 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 give a receipt when a payment is made.

    ## 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. ) ## 36829. The tax collector shall give a receipt to the person making payment specifying: (a) The land assessed. (b) The amount of the assessment. (c) The amount paid. (Added by Stats. 1951, Ch. 390.)
  2. 36830.

    ## 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 pay money received to the treasurer.

    ## 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. ) ## 36830. The tax collector shall pay the money received to the treasurer. (Added by Stats. 1951, Ch. 390.)
  3. 36830.1.

    ## 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 may choose whether to accept negotiable paper as payment for an assessment or for a redemption.

    ## 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. ) ## 36830.1. The tax collector may, in his discretion, accept negotiable paper in payment of any assessment or on a redemption. (Added by Stats. 1970, Ch. 438.)
  4. 36830.2.

    ## 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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    This section defines “negotiable paper” to include bank checks, drafts, and express or post office money orders payable on demand.

    ## 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. ) ## 36830.2. As used herein, “negotiable paper” means bank checks and drafts and express and post office money orders payable on demand. (Added by Stats. 1970, Ch. 438.)
  5. 36830.3.

    ## 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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    Accepting negotiable paper counts as payment of an assessment or redemption on the date it is accepted, but only once the paper is duly paid.

    ## 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. ) ## 36830.3. The acceptance of negotiable paper constitutes a payment of an assessment or redemption as of the date of acceptance when, but not before, the negotiable paper is duly paid. (Added by Stats. 1970, Ch. 438.)
  6. 36830.4.

    ## 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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    If negotiable paper is not paid when presented, the payment entry on the assessment book must be canceled and the assessment is treated as a lien as if no payment had been attempted. The tax collector must also make memoranda needed to cancel the entry if the paper is later returned unpaid.

    ## 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. ) ## 36830.4. If any negotiable paper is not paid on due presentment for any reason, any record of payment made on the assessment book because of its acceptance shall be canceled, and the assessment is a lien as though no payment had been attempted. The tax collector, when accepting negotiable paper, shall make any memoranda necessary to enable him to make proper cancellation on its return without payment. (Added by Stats. 1970, Ch. 438.)
  7. 36830.5.

    ## 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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    When a cancellation is made, the tax collector must record it in the assessment book and promptly notify the assessee.

    ## 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. ) ## 36830.5. When a cancellation is made the tax collector shall record it in the assessment book opposite the name of the assessee who attempted payment by the negotiable paper and shall promptly notify such assessee of the cancellation of the payment. The validity of any assessment or penalty is not affected by failure or irregularity in giving the notice. (Added by Stats. 1970, Ch. 438.)
  8. 36830.6.

    ## 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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    A mailed remittance is treated as received on the postmark date, or earlier mailing date if satisfactorily proven; the tax collector does not have to accept it if it arrives more than 30 days after the delinquent 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 3. Collection [36825 - 36833] ( Chapter 3 added by Stats. 1951, Ch. 390. ) ## 36830.6. If a remittance to cover a payment required to be made on or before a specified date is sent through the United States mail, properly addressed with postage prepaid, it shall be determined received on the date shown by the post office cancellation mark stamped upon the envelope containing the remittance or on the date it was mailed if proof satisfactory to the tax collector establishes that the mailing occurred on an earlier date, provided, however, that the tax collector need not accept such a payment if it is received more than 30 days after the date on or before which the payment was delinquent. (Added by Stats. 1970, Ch. 380.)
  9. 36831.

    ## 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 board must order the collector to cancel or modify an assessment when the board finds certain property-assessment errors.

    ## 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. ) ## 36831. The board shall order the collector to cancel or modify, as may be proper, an assessment when it finds that any property has been either: (a) Assessed in any year more than once. (b) Assessed by reason of a clerical error for more than its full cash value. (c) Computed for assessment on an excessive acreage. (d) Assessed while not in the district. (Added by Stats. 1959, Ch. 2041.)
  10. 36832.

    ## 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 treasurer must refund certain assessments, penalties, or related costs when the board orders it and the amounts were paid twice or were collected by mistake or unlawfully.

    ## 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. ) ## 36832. On order of the board any assessments, penalties or costs thereon, or portions thereof, shall be refunded by the treasurer if they were either: (a) Paid more than once. (b) Erroneously or illegally collected. (Added by Stats. 1959, Ch. 2041.)
  11. 36833.

    ## 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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    A refund order under Section 36832 can be made only if the refund claim is verified by the person who paid the assessment, penalties, or costs (or that person’s guardian, executor, or administrator) and filed within three years after the payment sought to be refunded.

    ## 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. ) ## 36833. No order for a refund under Section 36832 shall be made except upon a claim both: (a) Verified by the person who paid the assessment, penalties, or costs, or by his guardian, executor or administrator. (b) Filed within three years after the making of the payment sought to be refunded. (Added by Stats. 1959, Ch. 2041.)
  12. 36950.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. )

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    Unpaid assessments become delinquent unless they are paid within six calendar months after they are due.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## 36950. Unpaid assessments are delinquent unless paid within six calendar months after they become due. (Added by Stats. 1951, Ch. 390.)
  13. 36950.1.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. )

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    This section defines “assessment” to include standby charges and other charges levied for the use of district water.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## 36950.1. As used in this chapter and Chapter 5 (commencing with Section 37050), Chapter 6 (commencing with Section 37150), and Chapter 7 (commencing with Section 37175), “assessment” includes standby charges and other charges levied for the use of district water. (Added by Stats. 1987, Ch. 1052, Sec. 4.)
  14. 36950.5.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. )

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    The board may adopt a resolution allowing assessments to be paid in two equal installments.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## 36950.5. Notwithstanding the provisions of Section 36950, the board may, by resolution, provide that assessments may be paid in two equal installments, the first of which shall be delinquent if not paid within five calendar months after the assessments became due and the second of which shall be delinquent if not paid within nine calendar months after the assessments became due. Notwithstanding such provision, the entire assessment on any parcel may be paid before delinquency of the first installment. If any assessment is not evenly divisible by two, the odd cent shall be shown as a part of and included in the first installment. (Added by Stats. 1970, Ch. 380.)
  15. 36951.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. )

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    After assessments become delinquent, the tax collector must publish a notice with specified property, amount, payment, sale, redemption, contact, and termination information.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## 36951. As soon as possible after the assessments, or any installment thereof, become delinquent, the tax collector shall publish a notice containing all of the following: (a) A description of the delinquent property. (b) The name of the assessee. (c) The amount of the assessments and penalties due on the property. (d) The amount of the assessments and penalties delinquent on the property. (e) A statement that unless the delinquent assessments and penalties are paid at the district office by 12 noon on the date stated in the notice, the delinquent property will, on that date, be sold to the district for nonpayment of the delinquent assessments and penalties. (f) A statement that subsequent to the sale of the delinquent property to the district, the property may be redeemed by payment of the amount specified in Section 37150 and, if applicable, Section 37155.2 or, if the district has elected pursuant to Chapter 7 (commencing with Section 37175) to permit installment redemption pursuant to that chapter, that the delinquent property may be redeemed under an installment plan of redemption. (g) A statement of the name, address, and telephone number of the official who will furnish all information concerning redemption. (h) A statement that after three years from the date of sale of the delinquent property to the district the right of redemption may be terminated upon execution and delivery to the district of a collector’s deed pursuant to Chapter 6 (commencing with Section 37150). (Amended by Stats. 1987, Ch. 560, Sec. 1. Effective September 11, 1987.)
  16. 36952.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. )

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    The Section 36951 notice must be published in the county where the property is located, using the method required by Government Code Section 6063, and the publication must start 21 to 28 days before the date stated in the notice.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## 36952. The notice required by Section 36951 shall be published in the county in which the property is located in the manner prescribed in Section 6063 of the Government Code, commencing not less than 21 days nor more than 28 days prior to the date required to be stated in the notice by subdivision (e) of Section 36951. (Amended by Stats. 1987, Ch. 560, Sec. 2. Effective September 11, 1987.)
  17. 36953.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. )

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    If a notice of delinquent-property sale contains certain errors and the error is found before the sale, the collector must immediately republish the notice.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## 36953. If any error should occur in the published notice with respect to the description of any delinquent property, the name of the assessee thereof, or the amount of the assessments and penalty due thereon which might invalidate a sale thereof and such error is discovered prior to sale, the collector shall at once republish a notice as to the property affected by the error, making such notice conform to the requirements of Sections 36951 and 36952. If any error should occur in the publication of the notice with respect to the time or place of publication or the requirements of Section 36952, and such error is discovered prior to sale, the collector shall at once republish the notice in conformity with all the requirements of Sections 36951 and 36952, specifying a date for the sale not less than 21 nor more than 28 days from the date of the first republication. (Amended by Stats. 1958, 1st Ex. Sess., Ch. 94.)
  18. 36954.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. )

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    On the sale date in the notice, the collector must sell each separately assessed parcel with unpaid assessments and penalties to 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## 36954. On the day fixed for the sale in the published notice, or in any republished notice, the collector shall sell to the district the whole amount of each parcel of property separately assessed upon which the assessments and penalties due on the property remain unpaid for the amount of such assessment and penalty thereon. (Amended by Stats. 1958, 1st Ex. Sess., Ch. 94.)
  19. 36955.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. )

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    The collector must record that each sold parcel was “Sold to the district” in the assessment book, together with the sale 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## 36955. Thereupon the collector shall, as to each parcel sold, make an entry “Sold to the district” in the assessment book, and the date of the sale. (Amended by Stats. 1958, 1st Ex. Sess., Ch. 94.)
  20. 36956.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. )

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    After a delinquent sale, the collector must prepare and sign a duplicate certificate of sale for each separately assessed and sold parcel.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## 36956. After the delinquent sale the collector shall make out, in duplicate, and sign a certificate of sale for each parcel separately assessed and sold, setting forth all of the following: (a) A description of the property sold and the date of the sale. (b) The name of the assessee. (c) That the property was sold for the amount of the assessment and penalty thereon, giving the amount and year of the assessment. (d) The date on which the purchaser will be entitled to a deed. (Amended by Stats. 1958, 1st Ex. Sess., Ch. 94.)
  21. 36957.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. )

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    This section provides a sample form for a certificate of sale for real property sold for a delinquent water district assessment, and says the purchaser is entitled to a deed after three years unless the property is redeemed.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## 36957. The certificate of sale may be substantially in the following form, the blanks being filled to show the facts in each case: Certificate of Sale No. ______ ___________ Water District I, the collector of ______________ Water District, certify that on the ____ day of ________, 19__, after giving the required notice, I sold to ______ Water District, the purchaser, for the sum of ______ dollars ($____) real property in the County of ______, State of California, described as follows: (insert description) This land was assessed to _______________. This property was sold for a delinquent assessment levied on it in the year _________ by the district, and the sale price was the sum due and unpaid on the assessment and penalty thereon. The purchaser will be entitled to a deed to the property at any time after three years from the date of sale, unless in the meantime the property is redeemed. WITNESS MY HAND and the seal of the district this ______ day of ________, 19__. (District Seal) _____ Collector of ______ Water District (Amended by Stats. 1958, 1st Ex. Sess., Ch. 94.)
  22. 36958.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. )

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    For each duplicate certificate of sale, one copy must be kept by the collector and the other must be recorded with the county recorder.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## 36958. Of each of the duplicate certificates of sale one shall be retained by the collector and the other shall be recorded in the office of the county recorder of the county in which the property is situated. (Amended by Stats. 1958, 1st Ex. Sess., Ch. 94.)
  23. 36959.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. )

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    For property sold for taxes or assessments, the proceeds must be accounted for and distributed under the specified Government Code article, unless the sale and accounting are handled under the Revenue and Taxation 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## 36959. Notwithstanding any other provision of this part to the contrary, in the case of a sale of property for taxes or assessments, except where the sale is conducted and the funds are accounted for as provided in Division 1 (commencing with Section 101) of the Revenue and Taxation Code, all proceeds shall be accounted for and distributed as provided in Article 12 (commencing with Section 53925) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 1977, Ch. 648.)
  24. 36960.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    A sale for assessments is not invalid just because the owner is misnamed or ownership details are mistaken.

    ## 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 4. Delinquency and Sale [36950 - 36960] ( Chapter 4 added by Stats. 1951, Ch. 390. ) ## 36960. When property is sold for assessments imposed on it as the property of a particular person, no misnomer of the owner, or supposed owner, or any other mistake relating to the ownership, affects the sale or renders it void or voidable. (Amended by Stats. 1958, 1st Ex. Sess., Ch. 94.)
  25. 370.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.4. Allocation-Based Conservation Water Pricing [370 - 374] ( Chapter 3.4 added by Stats. 2008, Ch. 610, Sec. 1. )

    Verify source ↗

    The section says allocation-based conservation water pricing can help prevent wasteful water use and save water, and it encourages public entities to use it voluntarily.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.4. Allocation-Based Conservation Water Pricing [370 - 374] ( Chapter 3.4 added by Stats. 2008, Ch. 610, Sec. 1. ) ## 370. The Legislature hereby finds and declares all of the following: (a) The use of allocation-based conservation water pricing by public entities that sell and distribute water is one effective means by which waste or unreasonable use of water can be prevented and water can be saved in the interest of the people and for the public welfare, within the contemplation of Section 2 of Article X of the California Constitution. (b) It is in the best interest of the people of California to encourage public entities to voluntarily use allocation-based conservation water pricing, tailored to local needs and conditions, as a means of increasing efficient uses of water, and further discouraging wasteful or unreasonable use of water under both normal and dry-year hydrologic conditions. (c) The Legislature intends that allocation-based conservation water pricing is an alternative method that can be used by public entities to encourage water users to conserve water, increase efficient uses of water, and further discourage waste of water. The Legislature does not intend to limit the discretion of public entities to evaluate and select among different methods for conserving water or to create a presumption that the election to not use a particular method is a waste or unreasonable use of water by the public entity. (d) Nothing in this chapter is intended to limit, or dictate, the design of rate structures that public entities may use to promote conservation by water users. (e) Nothing in this chapter directs, or otherwise compels, a public entity to use allocation-based conservation water pricing. (Added by Stats. 2008, Ch. 610, Sec. 1. Effective January 1, 2009.)
  26. 37050.

    ## 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 5. Assessment After Sale to District [37050 - 37051] ( Chapter 5 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    Property sold to the district for delinquent assessments must keep being assessed for district purposes until the collector delivers a collector’s deed, and it cannot be sold again for delinquent assessments until it is redeemed or sold by 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 5. Assessment After Sale to District [37050 - 37051] ( Chapter 5 added by Stats. 1951, Ch. 390. ) ## 37050. All property sold for delinquent assessments to the district shall subsequently be assessed for district purposes as though it had never been sold, until the collector has made and delivered to the district a collector’s deed, but shall not again be sold for delinquent assessments until after the property has been redeemed or has been sold by the district. (Amended by Stats. 1958, 1st Ex. Sess., Ch. 94.)
  27. 37051.

    ## 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 5. Assessment After Sale to District [37050 - 37051] ( Chapter 5 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    If property is sold to the district for delinquent assessments, the collector must give the treasurer a statement of the sale, and the treasurer must allocate and transfer the proper amount to the general obligation bond fund.

    ## 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 5. Assessment After Sale to District [37050 - 37051] ( Chapter 5 added by Stats. 1951, Ch. 390. ) ## 37051. If the property is sold to the district for delinquent assessments, the collector in making his accounting with the treasurer shall furnish a statement of the property sold to the district and the amount for which the property was sold. The treasurer shall thereupon estimate that portion of the amount belonging to the general obligation bond fund and shall charge the general fund with that portion and pay it from the general fund into the general obligation bond fund. (Amended by Stats. 1958, 1st Ex. Sess., Ch. 94.)
  28. 371.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.4. Allocation-Based Conservation Water Pricing [370 - 374] ( Chapter 3.4 added by Stats. 2008, Ch. 610, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter on allocation-based conservation water pricing.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.4. Allocation-Based Conservation Water Pricing [370 - 374] ( Chapter 3.4 added by Stats. 2008, Ch. 610, Sec. 1. ) ## 371. For purposes of this chapter, the following terms have the following meanings: (a) “Allocation-based conservation water pricing” means a retail water rate structure that meets all of the criteria in Section 372. (b) “Basic charge” means a volumetric unit charge for the cost of water service other than any fixed costs that are recovered through meter charges or other fixed charges other than incremental costs that are recovered through conservation charges. A basic charge may include the cost of generally applicable conservation measures assumed in establishing basic use allocations. (c) “Conservation charge” means a volumetric unit charge for incremental costs. (d) “Incremental costs” means the costs of water service, including capital costs, that the public entity incurs directly, or by contract, as a result of the use of water in excess of the basic use allocation or to implement water conservation or demand management measures employed to increase efficient uses of water, and further discourage the wasteful or unreasonable use of water, and may include any of the following: (1) Conservation best management practices, conservation education, irrigation controls and other conservation devices, and other demand management measures. (2) Water system retrofitting, dual plumbing and facilities for production, distribution, and all uses of recycled water and other alternative water supplies. (3) Projects and programs for prevention, control, or treatment of the runoff of water from irrigation and other outdoor water uses. Incremental costs shall not include the costs of stormwater management systems and programs. (4) Securing dry-year water supply arrangements. (5) Procuring water supplies to satisfy increments of water use in excess of the basic use allocations for the customers of the public entity, including supply or capacity contracts for water supply rights or entitlements and related energy costs for water delivery. (e) “Public entity” means a city, whether general law or chartered, county, city and county, special district, agency, authority, any other municipal public corporation or district, or any other political subdivision of the state that provides retail water service and that is an urban water supplier, as defined in Section 10617. (Added by Stats. 2008, Ch. 610, Sec. 1. Effective January 1, 2009.)
  29. 37150.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    A redemptioner may redeem property sold for delinquent district assessments within three years of sale, or later until a collector’s deed is delivered, by paying the listed amounts.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. ) ## 37150. Property sold to the district for delinquent assessments may be redeemed by the redemptioner within three years from the date of sale, or thereafter before a collector’s deed of the property has been delivered, by payment in lawful money of the United States to the collector the sum of the following: (a) The amount for which the property was sold, together with interest thereon at the rate of 9 percent per year from the date of sale, but not less than three-fourths of 1 percent for any portion of a month. (b) The amount of assessments against the property, with the delinquent penalties thereon, assessed subsequent to sale, together with interest on such assessments as are delinquent and the penalties thereon at the rate of 9 percent per year from the date of delinquency, but not less than three-fourths of 1 percent for any portion of a month. (c) The amount of the recorder’s fees in recording the certificate of sale and the certificate of redemption. (d) The costs of publication of notice as required by Section 36951. As used in this section, the “redemptioner” is the person whose estate has been sold, or his successor in interest. (Amended by Stats. 1972, Ch. 50.)
  30. 37151.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    After receiving the redemption money plus the recorder’s fee, the collector must issue duplicate certificates of redemption.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. ) ## 37151. On receipt of the redemption money plus the amount of the recorder’s fee the collector shall make out duplicate certificates of redemption reciting the payment and stating the date of recordation of the certificate of sale to which the redemption applies and the book and page where the same is recorded or the recorder’s document number. (Amended by Stats. 1959, Ch. 51.)
  31. 37152.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    One duplicate certificate of redemption must be given to the redemptioner.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. ) ## 37152. One of the duplicate certificates of redemption shall be given to the redemptioner. (Amended by Stats. 1958, 1st Ex. Sess., Ch. 94.)
  32. 37153.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    The collector must record the other duplicate certificate of redemption with the county recorder where the certificate of sale is on record.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. ) ## 37153. The collector shall record the other duplicate certificate of redemption with the county recorder in whose office the certificate of sale is on record. (Amended by Stats. 1959, Ch. 51.)
  33. 37155.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    If delinquent-assessment property has not been redeemed after three years, and the required notice and board demand are made, the collector must deliver a collector’s deed to 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. ) ## 37155. If the property sold for delinquent assessments has not been redeemed and three years have elapsed from the date of its sale to the district, the collector, upon demand made by resolution of the board and after giving the notice required by Section 37155.1, shall deliver a collector’s deed to the property to the district. The right of redemption shall terminate upon recording of the collector’s deed to the property by the district. (Amended by Stats. 1987, Ch. 560, Sec. 3. Effective September 11, 1987.)
  34. 37155.1.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    The collector must publish a notice after a demand for a collector’s deed, and do so 45 to 60 days before the deed is delivered.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. ) ## 37155.1. After receiving a demand for a collector’s deed pursuant to Section 37155, and not less than 45 days nor more than 60 days before delivery of a collector’s deed pursuant to that demand, the collector shall publish in the manner prescribed in Section 6063 of the Government Code a notice which shall contain all of the following: (a) The date of the notice. (b) A statement that as of a stated date, three years or more will have elapsed since the property or properties described in the notice were sold to the district pursuant to Chapter 4 (commencing with Section 36950). (c) A statement that on the stated date, the board, by resolution, demanded delivery of a collector’s deed to the property to the district. (d) A statement that unless sooner redeemed, or, if the district has provided for installment redemption, an installment plan of redemption is initiated, a collector’s deed to the property will be delivered to the district. (e) The date and time at which the collector’s deed will be executed and delivered. (f) A statement that if the collector’s deed is executed and delivered the right of redemption will terminate. (g) The name, address, and telephone number of the official who will furnish all information concerning redemption. (h) The fiscal year or years for which the delinquent assessments were levied. (i) A description of the property. (j) The amount required to redeem, which shall include the amounts specified in Section 37155.3. (k) The name of the assessee on the current assessment book of the district. (l) The street address of the property, if available. (Amended by Stats. 1988, Ch. 160, Sec. 185.)
  35. 37155.2.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    The collector must mail a copy of the published notice by certified mail to each party of interest, and must make a reasonable effort to find their names and addresses.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. ) ## 37155.2. After the first publication of the notice required by Section 37155.1, and not less than 45 days, nor more than 60 days, before the date specified in that notice for the delivery of a collector’s deed, the collector shall send by certified mail to each of the parties of interest, as specified in this section, at his or her last known address a copy of the notice published pursuant to Section 37155.1. The collector shall make a reasonable effort to ascertain the names and addresses of each of the parties of interest, including, but not limited to, the securing of a lot book guarantee from a title insurer authorized to conduct business as such in this state with respect to the delinquent property, dated as of the date of the board’s demand resolution; an examination of the county’s assessments of the delinquent property on the rolls beginning with the year of delinquency to and including that of the last equalized roll; an examination of the most recent telephone books in the county in which the delinquent property is located; and an examination of the telephone books covering the area of the last known address of each party of interest. For the purposes of this section, a “party of interest” is the holder of any interest in the delinquent property which would be terminated by execution and delivery of a collector’s deed. (Added by Stats. 1987, Ch. 560, Sec. 5. Effective September 11, 1987.)
  36. 37155.3.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    After the first publication of the required notice, the amount needed to redeem must include the notice publication cost and the cost of securing the lot book guarantee.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. ) ## 37155.3. Upon first publication of the notice required by Section 37155.1, there shall be added to the amount to redeem as provided in Section 37150 the sum of the following: (a) The cost of publication of the notice required by Section 37155.1. (b) The cost of securing the lot book guarantee required by Section 37155.2. (Added by Stats. 1987, Ch. 560, Sec. 6. Effective September 11, 1987.)
  37. 37156.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    A collector’s deed must state the sale date and that no one redeemed the property during the redemption period.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. ) ## 37156. A collector’s deed shall contain the date of sale and his statement that no person redeemed the property during the time allowed for its redemption; and may be in substantially the following form, the blanks being filled to show the facts in each case: Collector’s Deed ______ Water District On the ____ day of _____, 19__, the collector of _____ Water District sold to _____ Water District, for a delinquent assessment, real property situated within the district, and in the County of _____, State of California, described as follows: (insert description) No person has redeemed the property from the sale; the time for redemption has elapsed; and the purchaser has demanded a deed to the property. Wherefore, I, the collector of _____ Water District grant to _____ Water District all of the real property aforesaid. WITNESS MY HAND and the seal of the district this ____ day of ____ 19__. (DISTRICT SEAL) _____ Collector of ___________ Water District (Amended by Stats. 1959, Ch. 51.)
  38. 37157.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    A collector’s deed to a district must be recorded the same way real property conveyances are normally recorded.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. ) ## 37157. A collector’s deed to a district shall be recorded in the usual manner of recording conveyances of real property. (Amended by Stats. 1959, Ch. 51.)
  39. 37158.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    The district can sell, lease, or otherwise deal with property acquired by collector’s deed, but sale authority must come from a board resolution fixing the price in the district’s best 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. ) ## 37158. The collector’s deed conveys to the district title to the property described therein free of all encumbrances, except liens for taxes and assessments levied for state, county, municipal or other district purposes, unless the property is owned by the United States or this State in which case it is prima facie evidence of the right of possession. The title acquired by the district may be sold at public auction or private sale and conveyed by deed executed and acknowledged by the president and secretary. Authority to convey shall be conferred by resolution of the board entered on its minutes fixing the sales price in the best interest of the district. The district may also lease or otherwise deal with the property as is in the best interest of the district. (Added by Stats. 1958, 1st Ex. Sess., Ch. 94.)
  40. 37159.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    A duly acknowledged or proved collector’s deed is prima facie evidence of several facts about the assessment, sale, nonpayment, nonredemption, and the officer who executed 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. ) ## 37159. A collector’s deed when acknowledged or proved is prima facie evidence that: (a) The land was assessed as required by law. (b) The land was equalized as required by law. (c) The assessments were levied in accordance with law. (d) The assessments were not paid. (e) At a proper time and place the property was sold as prescribed by law. (f) The property was not redeemed. (g) The person who executed the deed was the proper officer. (Added by Stats. 1958, 1st Ex. Sess., Ch. 94.)
  41. 37160.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    A collector’s deed that is acknowledged or proved is conclusive evidence that the assessment and related proceedings were regular, except in cases of actual fraud.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. ) ## 37160. Except as against actual fraud a collector’s deed acknowledged or proved is conclusive evidence of the regularity of all of the proceedings from the assessment by the assessor, inclusive, up to the execution of the deed. (Added by Stats. 1958, 1st Ex. Sess., Ch. 94.)
  42. 37161.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    Challenges or defenses based on a collector’s deed must be raised within one year after the deed is recorded.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. ) ## 37161. An action, proceeding, defense, answer, or cross-complaint based on the alleged invalidity or irregularity of any collector’s deed executed to the district or based on the alleged ineffectiveness of the deed to convey the absolute title to the property described in it may be commenced or interposed only within one year after the recordation of the deed. (Amended by Stats. 1971, Ch. 244.)
  43. 37162.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    Claims challenging certain district sale-related instruments must be brought within one year after the district executes the instrument.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. ) ## 37162. An action, proceeding, defense, answer, or cross-complaint based on the alleged invalidity or irregularity of any agreement of sale, deed, lease, or option executed by a district in connection with property deeded to it by its collector or based on the alleged ineffectiveness of the instrument to convey or affect the title to the property described in it may be commenced or interposed only within one year after the execution by the district of the instrument. (Amended by Stats. 1971, Ch. 244.)
  44. 37163.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    Sections 37161 and 37162 do not apply in several listed situations, including when the assessment was paid before sale, the property was redeemed after sale, no assessment or no assessments were due, fraud is shown, the deed is void on its face, or the owner was a minor or insane person at the time of sale.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. ) ## 37163. The provisions of Sections 37161 and 37162 do not apply in the following cases: (a) Where the assessments for which the property was sold were paid before the sale. (b) Where the property was redeemed after the sale. (c) Where the land was not subject to assessment at the time it was assessed. (d) Where no assessments were due on the land at the time of sale. (e) Where fraud is established. (f) Where the deed is void on its face. (g) Where the owner of the land was at the time of the sale a minor or insane person, in which case the earliest time that the statute of limitations begins to run is when the disability is removed. (Added by Stats. 1958, 1st Ex. Sess., Ch. 94.)
  45. 37164.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    A person challenging the validity, irregularity, or ineffectiveness of certain agreements, deeds, leases, options, assessments, sales, or assessment deeds must prove the challenge and state the grounds specifically.

    ## 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 6. Redemption and its Termination [37150 - 37164] ( Chapter 6 added by Stats. 1951, Ch. 390. ) ## 37164. The burden of proof shall be upon the party urging the invalidity, irregularity, or ineffectiveness of an agreement, deed, lease, or option described in Sections 37161 and 37162 or of any assessments, sales, or assessment deeds of which he complains to show the invalidity, irregularity, or ineffectiveness, and he shall be required to plead specifically the grounds upon which he urges the invalidity, irregularity, or ineffectiveness. (Added by Stats. 1958, 1st Ex. Sess., Ch. 94.)
  46. 37175.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. )

    Verify source ↗

    The board may decide by resolution to allow installment redemption of property sold to the district for delinquent assessments, and may later end that election by further 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. ) ## 37175. This chapter provides an optional provision for the redemption, on an installment plan, of property sold to the district for delinquent assessments. The board may at any time, by resolution, elect to permit the redemption of property sold to the district for delinquent assessments according to the provisions of this chapter. The board may at any time thereafter, by further resolution, terminate such election, but no such termination shall affect a redemption plan then in effect. (Added by Stats. 1972, Ch. 50.)
  47. 37176.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. )

    Verify source ↗

    This section defines key terms used in the chapter on installment redemption.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. ) ## 37176. As used in this chapter: (a) “Redemption amount” means the total amount which would be necessary to redeem the property from sale for delinquent assessments at the time election is made to pay delinquent assessments in installments under this chapter. (b) “Balance of the redemption amount” is the amount equal to the difference between the redemption amount and the total of the portions previously paid which portions were paid as a part of the redemption amount. (c) “Redemptioner” is the person whose estate has been sold, or his successor in interest. (Added by Stats. 1972, Ch. 50.)
  48. 37177.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. )

    Verify source ↗

    Any person may choose to pay delinquent assessments in installments under this chapter, but only before the collector’s deed is delivered.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. ) ## 37177. During such time as the provisions of this chapter are effective in the district pursuant to a resolution adopted under authority of Section 37175, any person may elect to pay delinquent assessments in installments under this chapter at any time before a collector’s deed of the property has been delivered, except that if payment of delinquent assessments has been started under this chapter and the amount required to be paid in any fiscal year is not paid as required by this chapter, payment in installments may not again be started with respect to the same delinquent assessments. (Added by Stats. 1972, Ch. 50.)
  49. 37178.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. )

    Verify source ↗

    While payments are being made under this chapter, a collector’s deed may not be delivered and the right of redemption may not be terminated.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. ) ## 37178. During the time payments are made under this chapter, there shall not be: (a) Delivery of a collector’s deed. (b) Any termination of the right of redemption. (Added by Stats. 1972, Ch. 50.)
  50. 37179.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. )

    Verify source ↗

    A person electing to pay delinquent assessments in installments must pay at least 33 1/3% of the redemption amount, and must also pay current assessments with penalties by the required deadline.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. ) ## 37179. Election to pay delinquent assessments in installments is made by payment, in the same manner as a redemption, of 331/3 percent, or more, of the redemption amount. All current assessments, with penalties thereon, due or coming due for the fiscal year in which this first payment is made shall be paid before the delinquency date of the last installment of current assessments, except that if the election to pay delinquent assessments in installments is made on or after the delinquency date of the last installment of current assessments for any fiscal year, the current assessments, with penalties thereon, shall be paid with or prior to the installment payment. (Added by Stats. 1972, Ch. 50.)
  51. 37180.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. )

    Verify source ↗

    The redemptioner must pay current assessments and penalties each succeeding fiscal year before the delinquency date of the last installment of current assessments.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. ) ## 37180. In each succeeding fiscal year, the redemptioner shall pay all current assessments and penalties coming due in that fiscal year before the delinquency date of the last installment of current assessments. (Added by Stats. 1972, Ch. 50.)
  52. 37181.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. )

    Verify source ↗

    The redemptioner must make yearly installment redemption payments before the delinquency date, including interest at 3/4 of 1% per month on the unpaid balance.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. ) ## 37181. In each succeeding fiscal year, the redemptioner shall pay, before the delinquency date of the last installment of current assessments, the sum of the following: (a) That amount which is computed to be not less than the difference between the amounts previously paid under the provisions of this chapter, excepting amounts paid as interest, and: (1) 662/3 percent of the redemption amount when the payment is made during or prior to the first fiscal year following the year in which election was made to pay delinquent assessments in installments. (2) 100 percent of the redemption amount when the payment is made during or prior to the second fiscal year following the year in which election was made to pay delinquent assessments in installments. (b) Interest, computed at the rate of three-fourths of 1 percent per month accruing on the first day of each month following the preceding payment, on the balance of the redemption amount. Payments under this section shall be computed and paid in the same manner as a redemption, and the receipts for such payment shall show that the payments are for the use of the real estate under this plan for payment of delinquent assessments in installments. (Added by Stats. 1972, Ch. 50.)
  53. 37182.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. )

    Verify source ↗

    If installment payments are not made on time, a collector’s deed may be delivered and redemption rights may end.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. ) ## 37182. If all payments are not made on or before the dates prescribed, a collector’s deed of the property may be delivered and the right of redemption may be terminated in the same manner as if no election to pay delinquent assessments in installments had been made. (Added by Stats. 1972, Ch. 50.)
  54. 37183.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. )

    Verify source ↗

    Payments made under this chapter are not treated as redemption or partial redemption, and they do not change the district’s interest in the real estate.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. ) ## 37183. Payments under this chapter are not a redemption or partial redemption and do not affect the district’s interest in the real estate. The payments are compensation for the use of the real estate. (Added by Stats. 1972, Ch. 50.)
  55. 37184.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. )

    Verify source ↗

    If redemption is made under the stated conditions, the redemption amount is the remaining balance plus monthly interest at three-fourths of 1 percent, and no credit is given for amounts already paid or credited.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. ) ## 37184. If all payments under this chapter are made as prescribed and if redemption of the property is made before the delinquency date of the last installment of current assessments in the second fiscal year succeeding the fiscal year when the first payment was made, the amount necessary to redeem the property is the balance of the redemption amount with interest on such balance three-fourths of 1 percent accruing on the first day of each month following the last preceding payment to the date of redemption. When redemption is made under this section, no credit shall be allowed for amounts previously paid or credited. (Added by Stats. 1972, Ch. 50.)
  56. 37185.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. )

    Verify source ↗

    A redemption certificate for a redemption under this chapter must show specified payment and interest amounts.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. ) ## 37185. The redemption certificate for a redemption under this chapter shall show the following: (a) The amounts used to arrive at the redemption amount at the time of an election to pay delinquent assessments in installments. (b) The portions of the redemption amount and interest previously paid, including all credits allowed. (c) The portion of the redemption amount and interest required to make the redemption. (Added by Stats. 1972, Ch. 50.)
  57. 37186.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. )

    Verify source ↗

    Redemption must be made under Chapter 6’s manner rules, except where this chapter provides otherwise.

    ## 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 7. Optional Provisions for Installment Redemption [37175 - 37186] ( Chapter 7 added by Stats. 1972, Ch. 50. ) ## 37186. Excepting as provided in this chapter, the redemption shall be made in the manner provided by Chapter 6 (commencing with Section 37150) of this part. (Added by Stats. 1972, Ch. 50.)
  58. 372.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.4. Allocation-Based Conservation Water Pricing [370 - 374] ( Chapter 3.4 added by Stats. 2008, Ch. 610, Sec. 1. )

    Verify source ↗

    A public entity may use allocation-based conservation water pricing if it meets the stated criteria, including metered billing, a basic use allocation, and a conservation charge for usage above that allocation.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.4. Allocation-Based Conservation Water Pricing [370 - 374] ( Chapter 3.4 added by Stats. 2008, Ch. 610, Sec. 1. ) ## 372. (a) A public entity may employ allocation-based conservation water pricing that meets all of the following criteria: (1) Billing is based on metered water use. (2) A basic use allocation is established for each customer account that provides a reasonable amount of water for the customer’s needs and property characteristics. Factors used to determine the basic use allocation may include, but are not limited to, the number of occupants, the type or classification of use, the size of lot or irrigated area, and the local climate data for the billing period. Nothing in this chapter prohibits a customer of the public entity from challenging whether the basic use allocation established for that customer’s account is reasonable under the circumstances. Nothing in this chapter is intended to permit public entities to limit the use of property through the establishment of a basic use allocation. (3) A basic charge is imposed for all water used within the customer’s basic use allocation, except that at the option of the public entity, a lower rate may be applied to any portion of the basic use allocation that the public entity has determined to represent superior or more than reasonable conservation efforts. (4) A conservation charge shall be imposed on all increments of water use in excess of the basic use allocation. The increments may be fixed or may be determined on a percentage or any other basis, without limitation on the number of increments, or any requirement that the increments or conservation charges be sized, or ascend uniformly, or in a specified relationship. The volumetric prices for the lowest through the highest priced increments shall be established in an ascending relationship that is economically structured to encourage conservation and reduce the inefficient use of water, consistent with Section 2 of Article X of the California Constitution. (b) (1) Except as specified in subdivision (a), the design of an allocation-based conservation pricing rate structure shall be determined in the discretion of the public entity. (2) The public entity may impose meter charges or other fixed charges to recover fixed costs of water service in addition to the allocation-based conservation pricing rate structure. (c) A public entity may use one or more allocation-based conservation water pricing structures for any class of municipal or other service that the public entity provides. (Added by Stats. 2008, Ch. 610, Sec. 1. Effective January 1, 2009.)
  59. 37200.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. )

    Verify source ↗

    This section says Part 7.5 is an alternative method for levying, collecting, and enforcing district assessments, and it does not affect other provisions of the division.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. ) ## 37200. This part provides an alternative method for the levy, collection and enforcement of district assessments and the provisions of this part shall not apply to or affect any other provisions of this division. (Added by renumbering Section 36500 by Stats. 1959, Ch. 614.)
  60. 37202.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. )

    Verify source ↗

    This section defines “board of supervisors” and “bond” for this part, unless the context requires otherwise.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. ) ## 37202. Unless the context otherwise requires, the following terms used in this part shall mean: (a) “Board of supervisors” means the board of supervisors of each county within which a district is located. (b) “Bond” or “bonds” mean a general obligation bond or bonds. (Amended by Stats. 1961, Ch. 1301.)
  61. 37203.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. )

    Verify source ↗

    The board may choose, by resolution, to use this part for district assessments, and may later end that choice. If it does, it must file certified copies and related statements with specified county officers and the State Board of Equalization.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. ) ## 37203. (a) On or before December 31st of any year the board may by resolution elect to proceed under this part for the levy, collection, and enforcement of any or all assessments, and thereafter until termination of that election the provisions of this part shall apply to the levy, collection, and enforcement of those assessments. The board by resolution may at any time on or before December 31st of any year terminate its election to proceed under this part, and thereafter the provisions of this part shall no longer apply to the levy, collection, and enforcement of those assessments. On or before January 1st following the adoption of either of those resolutions, a certified copy thereof shall be filed with the auditor, assessor, tax collector and treasurer of each county within which a district is located and with the State Board of Equalization. There shall also be filed with the county assessor and the State Board of Equalization a statement as required by Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code. (b) Notwithstanding subdivision (a), the board may, by resolution, elect at any time to proceed under this part only for the collection and enforcement of delinquent assessments, including standby and other charges, and thereafter until termination of that election this part shall apply to the collection and enforcement of the delinquent assessments. A certified copy of the resolution shall be filed with the auditor, assessor, tax collector, and treasurer of each county within which the district is located and the assessments shall thereafter be included in all county tax statements. (Amended by Stats. 1987, Ch. 1052, Sec. 5.)
  62. 37203.1.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. )

    Verify source ↗

    The Yolo-Zamora Water District may proceed under this part for assessment and taxation only if specified filings are made by April 15, 1969.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. ) ## 37203.1. Notwithstanding the provisions of Sections 54902 and 54903 of the Government Code and Section 37203, the Yolo-Zamora Water District may effectively proceed under this part for assessment and taxation purposes if a certified copy of the resolution of the board adopted pursuant to Section 37203 electing to proceed under this part, shall be filed with the Auditor, Assessor, Tax Collector and Treasurer of Yolo County and the State Board of Equalization on or before April 15, 1969, and a map or plat indicating the boundaries of the district shall be filed with the Yolo County Assessor and the State Board of Equalization on or before April 15, 1969. (Added by Stats. 1969, Ch. 241.)
  63. 37204.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. )

    Verify source ↗

    The board may, by resolution, set a district fiscal year and choose when it starts and ends.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. ) ## 37204. The board may from time to time by resolution provide for a district fiscal year, to commence and end at the dates specified in said resolution. (Added by renumbering Section 36504 by Stats. 1959, Ch. 614.)
  64. 37205.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. )

    Verify source ↗

    If the fiscal year changes and the district needs more money to cover obligations and expenses until the new fiscal year begins, the board may add an extra amount to the estimate submitted to the board of supervisors.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. ) ## 37205. Whenever the fiscal year is changed, if necessary to provide sufficient money to meet the obligations and expenses of the district between the end of the previous fiscal year and the commencement of the new fiscal year, the board may add to the estimate to be furnished to the board of supervisors for the first new fiscal year an amount clearly sufficient to raise money for the purposes required or authorized by Section 37206. (Added by renumbering Section 36505 by Stats. 1959, Ch. 614.)
  65. 37206.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. )

    Verify source ↗

    A district board that has elected to proceed under this part must give the county auditor and board of supervisors a written estimate by August 1.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. ) ## 37206. On or before August 1st the board of any district which has elected pursuant to Section 37203 to proceed under this part shall furnish to the county auditor and the board of supervisors an estimate in writing of the amount of money needed to be raised by assessment in the county for the payment of its proportion of the amount required for the purposes of the district for the next fiscal year. Except to the extent that provision has otherwise been made by the board, as may be permitted by law, for payment of the principal of and interest upon bonds as they become due and for payment of other claims and expenses of the district, said estimate shall be in an amount sufficient for payment of the county’s proportion of the principal of and interest on bonds as they become due and for payment of other claims and expenses of the district. (Amended by Stats. 1970, Ch. 17.)
  66. 37207.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. )

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    The board of supervisors must annually levy certain assessments on lands in the district within the county.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. ) ## 37207. The board of supervisors annually at the time of levying county taxes shall levy an ad valorem assessment upon all lands within that portion of the district within the county sufficient to raise the amount stated in the estimate of the district board and shall levy an additional assessment against those lands upon which there are unpaid charges for water and other services as provided in Section 37212. (Amended by Stats. 1971, Ch. 1211.)
  67. 37207.1.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. )

    Verify source ↗

    This section applies only to the Santa Margarita Water District and requires its board, in certain bond-related cases, to send a written estimate to county officials; the county board of supervisors must then levy an ad valorem assessment, and the district must reimburse the county for additional costs.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. ) ## 37207.1. (a) This section applies only to the Santa Margarita Water District. (b) If the board determines pursuant to Section 36424.1 to designate areas within an improvement district for which the Santa Margarita Water District has issued general obligation bonds, the board shall submit to the county auditor and the board of supervisors an estimate, in writing, of the amount of money required to be raised by assessment for the payment of the amount allocated by the board to each area for the payment of the principal of, and interest on, the bonds issued for the improvement district. Upon receiving the estimate, the board of supervisors shall levy an ad valorem assessment upon all lands within each designated area that is sufficient to raise the amount set forth in the estimate of the board. (c) The district shall reimburse the county for any additional costs in carrying out the provisions of this section. (Added by Stats. 2000, Ch. 25, Sec. 2. Effective May 24, 2000.)
  68. 37208.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. )

    Verify source ↗

    The ad valorem assessment must be levied and collected like general county taxes, and the money collected must be paid to the district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. ) ## 37208. Said ad valorem assessment shall be levied and collected at the same time and in the same manner and by the same officers and with the same penalties and interest as general county taxes and when collected shall be paid to the district. (Added by renumbering Section 36508 by Stats. 1959, Ch. 614.)
  69. 37209.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. )

    Verify source ↗

    The board may, by resolution, authorize payment to the county of reasonable compensation for services the county and its officers perform in levying, collecting, and enforcing district assessments.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. ) ## 37209. The board may by resolution authorize payment to the county of reasonable compensation, as may be provided by law or as may be agreed upon with the county, for services rendered by the county and the officers thereof in levying, collecting and enforcing district assessments pursuant to this part. (Added by renumbering Section 36509 by Stats. 1959, Ch. 614.)
  70. 37210.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. )

    Verify source ↗

    In this part, “assessment” includes standby charges and other charges levied for the use of district water.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. ) ## 37210. As used in this part, “assessment” includes “standby charges” and other charges levied for the use of district water. (Amended by Stats. 1987, Ch. 1052, Sec. 6.)
  71. 37210.1.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. )

    Verify source ↗

    When a district levies a standby charge, its board must follow the notice, protest, and hearing procedures in Government Code Section 53753 if the district elected to proceed under this part.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. ) ## 37210.1. In levying a standby charge, the board of any district which has elected, pursuant to Section 37203, to proceed under this part shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code. (Added by Stats. 2007, Ch. 27, Sec. 31. Effective January 1, 2008.)
  72. 37210.2.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. )

    Verify source ↗

    The board may keep a standby charge in later years at the same rate by resolution if the earlier procedures were followed. If new, increased, or extended assessments are proposed, the board must follow the notice, protest, and hearing procedures in Government Code Section 53753.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. ) ## 37210.2. If the procedures set forth in this part as it read at the time a standby charge was established were followed, the board may, by resolution, continue the charge pursuant to this part in successive years at the same rate. If new, increased, or extended assessments are proposed, the board shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code. (Added by Stats. 2007, Ch. 27, Sec. 32. Effective January 1, 2008.)
  73. 37211.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. )

    Verify source ↗

    The county board of supervisors must levy an annual ad valorem assessment for the district, and may temporarily use a special per-acre assessment before water-delivery facilities are operating.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. ) ## 37211. Notwithstanding Section 37207, the board of supervisors annually at the time of levying county taxes shall levy an ad valorem assessment upon all lands within that portion of the district within the county sufficient to raise the amount stated in the estimate of the district board; provided, however, that 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.)
  74. 37212.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. )

    Verify source ↗

    If water or other service charges stay unpaid for 60 days or more on July 1, the district board may direct the secretary to list the affected parcels, certify the list, and send it to the county auditor. The unpaid amounts can then become a special assessment and lien, with collection and lien-recording rules, subject to a bona fide purchaser/encumbrancer exception.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. ) ## 37212. In case any charges for water or other services, or either, remain unpaid: (a) If unpaid for 60 days or more on July 1st, the district board may, by resolution, order the secretary to do each of the following: (1) Prepare a list of the parcels of land upon which water and other services, or either, requested in writing by the owner of the property, was used, and for which the charges remain unpaid. (2) Certify that the list is true and correct. (3) Submit the list of unpaid charges and parcels to the county auditor no later than five days after the estimate of the district board was furnished pursuant to Section 37206. Upon receipt by the county auditor of the list and a certified copy of the resolution, the amount of the unpaid charges attributed to each parcel mentioned in the list shall constitute a special assessment against the parcel, and shall be a lien on that property for that amount. The lien attaches upon recordation in the office of the county recorder of the county in which the property is situated of a certified copy of the resolution of the district board accompanied by a certified copy of the list specifically describing the real property by a legal description or reference to an assessor’s parcel number and specifying the amount applicable to each parcel. The assessment shall be collected at the same time and in the same manner as ordinary municipal ad valorem taxes are collected, and shall be subject to the same penalties, and the same procedure and sale in case of delinquency as provided for those taxes. All laws applicable to the levy, collection, and enforcement of municipal ad valorem taxes shall be applicable to the assessment, except that, if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value or a lien of a bona fide encumbrancer for value has been created and attached thereon during the year prior to the date on which the first installment of the taxes that include the assessment appears on the assessment roll, then the lien which would otherwise be imposed by this section shall not attach to the real property and the delinquent and unpaid charges, as certified, relating to the property shall be transferred to the unsecured roll for collection. The county shall deduct from the charges collected an amount sufficient to compensate the county for costs incurred in collecting the delinquent and unpaid charges. The amount of this compensation shall be fixed by agreement between the board of supervisors and the district’s board of directors. (b) The amount of the unpaid charges may, in the discretion of the district, be secured at any time by filing for record in the office of the county recorder of any county, a certificate specifying the amount of the charges and the name and address of the person liable therefor. From the time of recordation of the certificate, the amount required to be paid together with interest and penalty constitutes a lien upon all real property in the county owned by the person or afterwards, and before the lien expires, acquired by him or her. The lien has the force, priority, and effect of a judgment lien and shall continue for 10 years from the date of the filing of the certificate unless sooner released or otherwise discharged. The lien may, within 10 years from the filing of the certificate or within 10 years from the date of the last extension of the lien in the manner herein provided, be extended by filing for record a new certificate in the office of the county recorder of any county and from the time of the filing the lien shall be extended to the real property in this county for 10 years unless sooner released or otherwise discharged. (Amended by Stats. 2012, Ch. 330, Sec. 24. (SB 1090) Effective January 1, 2013.)
  75. 37213.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. )

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    A district that has chosen to proceed under this part must notify the land title holder when certain delinquent charges have stayed unpaid for 60 days.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. ) ## 37213. A district which has elected pursuant to Section 37203 to proceed under this part shall notify the holder of title to land whenever delinquent and unpaid charges for water and other services or either which could become a lien on such property pursuant to Section 37212 remain delinquent and unpaid for 60 days. (Added by Stats. 1971, Ch. 1211.)
  76. 37214.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. )

    Verify source ↗

    For property sold for taxes or assessments, the proceeds must be accounted for and distributed under the Government Code article cited here, unless the sale and accounting are handled under the Revenue and Taxation Code provision named in this section.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 7.5. ALTERNATIVE PROVISIONS FOR LEVY, COLLECTION AND ENFORCEMENT OF DISTRICT ASSESSMENTS BY THE COUNTY [37200 - 37214] ( Heading of Part 7.5 renumbered from Part 6.5 (as added by Stats. 1957, Ch. 1487) by Stats. 1959, Ch. 614. ) ## 37214. Notwithstanding any other provision of this part to the contrary, in the case of a sale of property for taxes or assessments, except where the sale is conducted and the funds are accounted for as provided in Division 1 (commencing with Section 101) of the Revenue and Taxation Code, all proceeds shall be accounted for and distributed as provided in Article 12 (commencing with Section 53925) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 1977, Ch. 648.)
  77. 373.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.4. Allocation-Based Conservation Water Pricing [370 - 374] ( Chapter 3.4 added by Stats. 2008, Ch. 610, Sec. 1. )

    Verify source ↗

    Revenue from allocation-based conservation water pricing must not exceed allowed water service cost limits, and the public entity may consider certain customer-use factors when setting charges.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.4. Allocation-Based Conservation Water Pricing [370 - 374] ( Chapter 3.4 added by Stats. 2008, Ch. 610, Sec. 1. ) ## 373. (a) Revenues derived from allocation-based conservation water pricing shall not exceed the reasonable cost of water service including basic costs and incremental costs. This chapter does not limit the sources of funding for incremental costs to charges for water use. (b) Revenues derived from allocation-based conservation water pricing shall not exceed the proportional cost of service attributable to the customer’s parcel, as determined by giving consideration to all of the following: (1) Customer classes established in consideration of service characteristics, demand patterns, and other factors. (2) Basic use allocations. (3) Meter size. (4) Metered volume of water consumed. (5) The public entity’s discretionary allocation of incremental costs between and among the increments of water use subject to conservation charges, as permitted by paragraph (4) of subdivision (a) of Section 372 to meet the requirement of that section. (c) In establishing the schedule of charges and metered volumes for the increments of water use subject to conservation charges, the public entity may also consider both of the following: (1) Customer overuse characteristics, including ratios between overuse volumes and basic use allocations, variations in demand and consumption patterns, or other characteristics of overuse experienced by the public entity. (2) The extent to which the pricing structure of the increments will be effective in minimizing or eliminating the need for other measures to curtail potential overuse. (Added by Stats. 2008, Ch. 610, Sec. 1. Effective January 1, 2009.)
  78. 37300.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8. CHANGES IN ORGANIZATION [37300 - 37580] ( Part 8 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Exclusion [37300- 37300.] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Petition and Notice [37300- 37300.] ( Article 1 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    Some tracts of land may be excluded from the district through proceedings under the District Reorganization Act of 1965.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8. CHANGES IN ORGANIZATION [37300 - 37580] ( Part 8 added by Stats. 1951, Ch. 390. ) ## CHAPTER 1. Exclusion [37300- 37300.] ( Chapter 1 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Petition and Notice [37300- 37300.] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 37300. One or more tracts of land may be excluded from the district under proceedings taken pursuant to the District Reorganization Act of 1965 (commencing at Section 56000, Government Code). (Amended by Stats. 1965, Ch. 2043.)
  79. 374.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.4. Allocation-Based Conservation Water Pricing [370 - 374] ( Chapter 3.4 added by Stats. 2008, Ch. 610, Sec. 1. )

    Verify source ↗

    A public entity may use allocation-based conservation water pricing on an ongoing basis, without needing an emergency or water-shortage finding.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.4. Allocation-Based Conservation Water Pricing [370 - 374] ( Chapter 3.4 added by Stats. 2008, Ch. 610, Sec. 1. ) ## 374. (a) Allocation-based conservation water pricing under this chapter may be used on an ongoing basis and shall not require any finding of emergency or other water shortage conditions. (b) The authority granted in this chapter is in addition to any other authority that a public entity has to use rate structure design to foster the conservation of water. (c) The imposition and revision of rates and charges by a public entity under this chapter shall be subject to the procedures otherwise required by law for the public entity’s water rates. (Added by Stats. 2008, Ch. 610, Sec. 1. Effective January 1, 2009.)
  80. 37485.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8. CHANGES IN ORGANIZATION [37300 - 37580] ( Part 8 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Inclusion [37485 - 37580] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Petition and Notice [37485- 37485.] ( Article 1 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    Land not already in the district may be included in the district, even if it is not contiguous.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8. CHANGES IN ORGANIZATION [37300 - 37580] ( Part 8 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Inclusion [37485 - 37580] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 1. Petition and Notice [37485- 37485.] ( Article 1 added by Stats. 1951, Ch. 390. ) ## 37485. Land not a part of the district whether or not contiguous to it may be included within the district. (Added by Stats. 1951, Ch. 390.)
  81. 375.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.5. Water Conservation Programs [375 - 378] ( Chapter 3.5 added by Stats. 1977, Ch. 634. )

    Verify source ↗

    Certain public water entities may adopt and enforce water conservation programs, and they may also require water-saving devices or use rate design to encourage conservation.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.5. Water Conservation Programs [375 - 378] ( Chapter 3.5 added by Stats. 1977, Ch. 634. ) ## 375. (a) Notwithstanding any other law, any public entity that supplies water at retail or wholesale for the benefit of persons within the service area or area of jurisdiction of the public entity may, by ordinance or resolution adopted by a majority of the members of the governing body after holding a public hearing upon notice and making appropriate findings of necessity for the adoption of a water conservation program, adopt and enforce a water conservation program to reduce the quantity of water used by those persons for the purpose of conserving the water supplies of the public entity. (b) With regard to water delivered for other than agricultural uses, the ordinance or resolution may specifically require the installation of water-saving devices that are designed to reduce water consumption. The ordinance or resolution may also encourage water conservation through rate structure design. (c) For the purposes of this chapter, “public entity” means a city, whether general law or chartered, county, city and county, special district, agency, authority, any other municipal public corporation or district, or any other political subdivision of the state. (d) For the purposes of this section and subdivisions (b) and (c) of Section 377, “person” means any person, firm, association, organization, partnership, business, trust, corporation, company, or public agency, including any city, county, city and county, district, joint powers authority, or any agency or department of a public agency. (Amended by Stats. 2015, Ch. 27, Sec. 9. (SB 88) Effective June 24, 2015.)
  82. 375.5.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.5. Water Conservation Programs [375 - 378] ( Chapter 3.5 added by Stats. 1977, Ch. 634. )

    Verify source ↗

    A public entity may run water conservation and public education programs, including with schools, libraries, or other public entities, and may use department-prepared materials.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.5. Water Conservation Programs [375 - 378] ( Chapter 3.5 added by Stats. 1977, Ch. 634. ) ## 375.5. (a) A public entity may undertake water conservation and public education programs in conjunction with school districts, public libraries, or any other public entity. (b) (1) A public entity may undertake water conservation and public education programs using an information booklet or materials for use in connection with the use or transfer of real estate containing up to four residential units. For the purposes of this subdivision, the public entity may use water conservation materials prepared by the department. (2) It is the intent of the Legislature that on or before December 31, 2007, a review of the program be conducted to obtain information on both of the following matters: (A) The extent to which public entities have undertaken water conservation and public education programs referred to in paragraph (1). (B) The extent to which water conservation may be attributable to the implementation of water conservation and public education programs referred to in paragraph (1). (c) A public entity may take into account any programs undertaken pursuant to this section in a rate structure design implemented pursuant to Section 375. (d) The Legislature finds and declares that a program undertaken pursuant to this section is in the public interest, serves a public purpose, and will promote the health, welfare, and safety of the people of the state. (Amended by Stats. 2015, Ch. 27, Sec. 10. (SB 88) Effective June 24, 2015.)
  83. 37580.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8. CHANGES IN ORGANIZATION [37300 - 37580] ( Part 8 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Inclusion [37485 - 37580] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 6. Inclusion of Land Owned by the District [37580- 37580.] ( Article 6 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    If the board determines that including district-owned contiguous or noncontiguous land is in the district’s best interest, it may declare by resolution that the land is included in the district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8. CHANGES IN ORGANIZATION [37300 - 37580] ( Part 8 added by Stats. 1951, Ch. 390. ) ## CHAPTER 2. Inclusion [37485 - 37580] ( Chapter 2 added by Stats. 1951, Ch. 390. ) ## ARTICLE 6. Inclusion of Land Owned by the District [37580- 37580.] ( Article 6 added by Stats. 1951, Ch. 390. ) ## 37580. Upon the determination by the board that the inclusion within the district of any contiguous or noncontiguous land owned by the district is for the best interest of the district, the board may, by resolution, declare that the land is included within the district. (Added by Stats. 1951, Ch. 390.)
  84. 376.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.5. Water Conservation Programs [375 - 378] ( Chapter 3.5 added by Stats. 1977, Ch. 634. )

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    Section 376 sets publication and posting rules for ordinances and resolutions adopted under Section 375, including deadlines and alternative notice methods.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.5. Water Conservation Programs [375 - 378] ( Chapter 3.5 added by Stats. 1977, Ch. 634. ) ## 376. (a) Any ordinance or resolution adopted pursuant to Section 375 is effective upon adoption. Within 10 days after its adoption, the ordinance or resolution shall be published pursuant to Section 6061 of the Government Code in full in a newspaper of general circulation that is printed, published, and circulated in the public entity. If there is no such newspaper, the ordinance or resolution shall be posted within 10 days after its adoption in three public places within the public entity. (b) The publication of ordinances or resolutions, as required by subdivision (a), may be satisfied by either of the following actions: (1) The public entity may publish a summary of a proposed ordinance, resolution, or proposed amendment to an existing ordinance or resolution. The summary shall be prepared by an official designated by the governing body. A summary shall be published and a certified copy of the full text of the proposed ordinance, resolution, or amendment shall be posted in the office of the governing body at least five days prior to the governing body’s meeting at which the proposed ordinance, resolution, or amendment is to be adopted. Within 15 days after adoption of the ordinance, resolution, or amendment, the governing body shall publish a summary of the ordinance, resolution, or amendment with the names of those members voting for and against the ordinance, resolution, or amendment and the official shall post in the office of the governing body a certified copy of the full text of the adopted ordinance, resolution, or amendment along with the names of those members voting for and against the ordinance, resolution, or amendment. (2) If the official designated by the governing body determines that it is not feasible to prepare a fair and adequate summary of the proposed or adopted ordinance, resolution, or amendment, and if the governing body so orders, a display advertisement of at least one-quarter of a page in a newspaper of general circulation in the county shall be published at least five days prior to the governing body meeting at which the proposed ordinance, resolution, or amendment is to be adopted. Within 15 days after adoption of the ordinance, resolution, or amendment, a display advertisement of at least one-quarter of a page shall be published. The advertisement shall indicate the general nature of, and provide information about, the proposed or adopted ordinance, resolution, or amendment, including information sufficient to enable the public to obtain copies of the complete text of the ordinance, resolution, or amendment, and the names of those members voting for and against the ordinance, resolution, or amendment. (Amended by Stats. 2009, Ch. 332, Sec. 89. (SB 113) Effective January 1, 2010.)
  85. 377.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.5. Water Conservation Programs [375 - 378] ( Chapter 3.5 added by Stats. 1977, Ch. 634. )

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    Violating a Section 376 water conservation program requirement is a misdemeanor, and the section also allows civil liability, administrative enforcement, and additional penalties.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.5. Water Conservation Programs [375 - 378] ( Chapter 3.5 added by Stats. 1977, Ch. 634. ) ## 377. (a) From and after the publication or posting of any ordinance or resolution pursuant to Section 376, a violation of a requirement of a water conservation program adopted pursuant to Section 376 is a misdemeanor. A person convicted under this subdivision shall be punished by imprisonment in the county jail for not more than 30 days, or by a fine not exceeding one thousand dollars ($1,000), or by both. (b) A court or public entity may hold a person civilly liable in an amount not to exceed ten thousand dollars ($10,000) for a violation of any of the following: (1) An ordinance or resolution adopted pursuant to Section 376. (2) A regulation adopted by the board under Section 1058.5 or Chapter 9 (commencing with Section 10609) of Part 2.55 of Division 6, unless the board regulation provides that it cannot be enforced under this section or provides for a lesser applicable maximum penalty. (c) Commencing on the 31st day after the public entity notified a person of a violation described in subdivision (b), the person additionally may be civilly liable in an amount not to exceed ten thousand dollars ($10,000) plus five hundred dollars ($500) for each additional day on which the violation continues. (d) Remedies prescribed in this section are cumulative and not alternative, except that no liability shall be recoverable under this section for any violation of paragraph (2) of subdivision (b) if the board has filed a complaint pursuant to Section 1846 alleging the same violation. (e) A public entity may administratively impose the civil liability described in subdivisions (b) and (c) after providing notice and an opportunity for a hearing. The public entity shall initiate a proceeding under this subdivision by a complaint issued pursuant to Section 377.5. The public entity shall issue the complaint at least 30 days before the hearing on the complaint and the complaint shall state the basis for the proposed civil liability order. (f) (1) In determining the amount of civil liability to assess, a court or public entity shall take into consideration all relevant circumstances, including, but not limited to, the nature and persistence of the violation, the extent of the harm caused by the violation, the length of time over which the violation occurs, and any corrective action taken by the violator. (2) The civil liability calculated pursuant to paragraph (1) for the first violation of subdivision (b) by a residential water user shall not exceed one thousand dollars ($1,000) except in extraordinary situations where the court or public entity finds all of the following: (A) The residential user had actual notice of the requirement found to be violated. (B) The conduct was intentional. (C) The amount of water involved was substantial. (g) Civil liability imposed pursuant to this section shall be paid to the public entity and expended solely for the purposes of this chapter. (h) An order setting administrative civil liability shall become effective and final upon issuance of the order and payment shall be made. Judicial review of any final order shall be pursuant to Section 1094.5 of the Code of Civil Procedure. (i) In addition to the remedies prescribed in this section, a public entity may enforce water use limitations established by an ordinance or resolution adopted pursuant to this chapter, or as otherwise authorized by law, by a volumetric penalty in an amount established by the public entity. (Amended by Stats. 2018, Ch. 14, Sec. 2. (SB 606) Effective January 1, 2019.)
  86. 377.5.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.5. Water Conservation Programs [375 - 378] ( Chapter 3.5 added by Stats. 1977, Ch. 634. )

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    Certain officials may issue complaints or citations under specified water code provisions.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.5. Water Conservation Programs [375 - 378] ( Chapter 3.5 added by Stats. 1977, Ch. 634. ) ## 377.5. (a) A complaint or citation under subdivision (b) of Section 377 or subdivision (d) of Section 1058.5 may be issued by any of the following: (1) A code enforcement officer, as defined in Section 829.5 of the Penal Code. (2) A designee of the chief executive officer of a public entity authorized to adopt an ordinance or resolution under Section 375. (3) A designee of the chief executive officer of a city, county, or city and county. (b) For purposes of this section, the term “chief executive officer” includes a city manager, general manager, or other employee of the public entity who is the highest ranking officer or employee, other than a member of a multimember governing body, with responsibility for the operations of the public entity. (Added by Stats. 2015, Ch. 27, Sec. 12. (SB 88) Effective June 24, 2015.)
  87. 378.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.5. Water Conservation Programs [375 - 378] ( Chapter 3.5 added by Stats. 1977, Ch. 634. )

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    A public entity may make agreements with public or private entities to provide water conservation services, measures, and materials.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.5. Water Conservation Programs [375 - 378] ( Chapter 3.5 added by Stats. 1977, Ch. 634. ) ## 378. A public entity may enter into agreements with other public entities, businesses, community associations, or private entities to provide water conservation services and measures and materials for implementing water conservation programs adopted pursuant to this chapter. (Added by Stats. 1995, Ch. 31, Sec. 1. Effective January 1, 1996.)
  88. 37800.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 1. General Provisions [37800 - 37806] ( Chapter 1 added by Stats. 1965, Ch. 746. )

    Verify source ↗

    This section says the part is called the Westlands Water District Merger Law and may be cited by that name.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 1. General Provisions [37800 - 37806] ( Chapter 1 added by Stats. 1965, Ch. 746. ) ## 37800. This part shall be known and may be cited as the Westlands Water District Merger Law. (Added by Stats. 1965, Ch. 746.)
  89. 37801.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 1. General Provisions [37800 - 37806] ( Chapter 1 added by Stats. 1965, Ch. 746. )

    Verify source ↗

    The state declares a primary and supreme interest in maximizing the use and conservation of water made available from the San Luis unit for nearby inhabitants and property owners.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 1. General Provisions [37800 - 37806] ( Chapter 1 added by Stats. 1965, Ch. 746. ) ## 37801. The state and the people thereof have a primary and supreme interest in securing to the inhabitants and property owners within and adjacent to the federal service area of the San Luis unit of the Central Valley project now under construction by the United States the greatest possible use and conservation of the waters to be made available from said unit and the greatest use thereof to the area, thereby assuring that the greatest productivity of the largest possible area may be accomplished and safely carried on within reasonable limits of economy. (Added by Stats. 1965, Ch. 746.)
  90. 37802.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 1. General Provisions [37800 - 37806] ( Chapter 1 added by Stats. 1965, Ch. 746. )

    Verify source ↗

    The section says this part is necessary for managing water supplies in the specified area and for reducing duplicated governmental authority.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 1. General Provisions [37800 - 37806] ( Chapter 1 added by Stats. 1965, Ch. 746. ) ## 37802. Investigation having shown that conditions in and surrounding the federal service area of the San Luis unit of the Central Valley project are peculiar to that area, it is hereby declared that a general law cannot be made applicable thereto and that this part is therefore necessary for the proper distribution, use, and control of the natural supplies of water now available for said area and of the water to be made available from the San Luis unit of the Central Valley project, and for elimination of duplication of governmental authority, the securing of greater economy of administration, and the more efficient and effective utilization of ground water and imported water supplies. (Added by Stats. 1965, Ch. 746.)
  91. 37803.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 1. General Provisions [37800 - 37806] ( Chapter 1 added by Stats. 1965, Ch. 746. )

    Verify source ↗

    This section says the Westlands Water District and the West Plains Water Storage District were already formed before this part was enacted and were operating under the stated water laws for irrigation purposes.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 1. General Provisions [37800 - 37806] ( Chapter 1 added by Stats. 1965, Ch. 746. ) ## 37803. The Westlands Water District, situated in Fresno and Kings Counties, was formed, prior to the enactment of this part, and is operating under this division, primarily for irrigation purposes. The West Plains Water Storage District, situated in Fresno and Kings Counties, was formed, prior to the enactment of this part, and is operating under the California Water Storage District Law, primarily for irrigation purposes. (Added by Stats. 1965, Ch. 746.)
  92. 37804.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 1. General Provisions [37800 - 37806] ( Chapter 1 added by Stats. 1965, Ch. 746. )

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    This part says it is enacted partly under authority expressly granted by Section 13 of Article XI of the state Constitution.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 1. General Provisions [37800 - 37806] ( Chapter 1 added by Stats. 1965, Ch. 746. ) ## 37804. This part is enacted in part under the authority expressly granted in Section 13 of Article XI of the Constitution of the state. (Added by Stats. 1965, Ch. 746.)
  93. 37805.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 1. General Provisions [37800 - 37806] ( Chapter 1 added by Stats. 1965, Ch. 746. )

    Verify source ↗

    This part must be interpreted broadly so it can support proceedings taken under it.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 1. General Provisions [37800 - 37806] ( Chapter 1 added by Stats. 1965, Ch. 746. ) ## 37805. This part shall be given a liberal construction for the purpose of sustaining any and all proceedings taken hereunder. (Added by Stats. 1965, Ch. 746.)
  94. 37806.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 1. General Provisions [37800 - 37806] ( Chapter 1 added by Stats. 1965, Ch. 746. )

    Verify source ↗

    This section says the merger part cannot impair or adversely affect the rights of bondholders or creditors of the two listed districts.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 1. General Provisions [37800 - 37806] ( Chapter 1 added by Stats. 1965, Ch. 746. ) ## 37806. Nothing in this part shall impair or adversely affect any right of any bondholder or creditor of the water storage district or the California water district. (Added by Stats. 1965, Ch. 746.)
  95. 37820.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 2. The Merger [37820 - 37826] ( Chapter 2 added by Stats. 1965, Ch. 746. )

    Verify source ↗

    The West Plains Water Storage District is merged into the Westlands Water District on the effective date of this section.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 2. The Merger [37820 - 37826] ( Chapter 2 added by Stats. 1965, Ch. 746. ) ## 37820. The West Plains Water Storage District is, on the effective date of this section, hereby merged into the Westlands Water District. (Added by Stats. 1965, Ch. 746.)
  96. 37821.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 2. The Merger [37820 - 37826] ( Chapter 2 added by Stats. 1965, Ch. 746. )

    Verify source ↗

    The surviving district consists of the land in the water district right after the merger, plus later additions and minus later exclusions made under law.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 2. The Merger [37820 - 37826] ( Chapter 2 added by Stats. 1965, Ch. 746. ) ## 37821. The surviving district comprises all land in the water district immediately following the merger plus inclusion, and less exclusions, of land thereafter made pursuant to law. (Added by Stats. 1965, Ch. 746.)
  97. 37822.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 2. The Merger [37820 - 37826] ( Chapter 2 added by Stats. 1965, Ch. 746. )

    Verify source ↗

    The surviving district is named Westlands Water District.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 2. The Merger [37820 - 37826] ( Chapter 2 added by Stats. 1965, Ch. 746. ) ## 37822. The name of the surviving district is Westlands Water District. (Added by Stats. 1965, Ch. 746.)
  98. 37823.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 2. The Merger [37820 - 37826] ( Chapter 2 added by Stats. 1965, Ch. 746. )

    Verify source ↗

    The surviving district is a public agency of the state.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 2. The Merger [37820 - 37826] ( Chapter 2 added by Stats. 1965, Ch. 746. ) ## 37823. The surviving district is a public agency of the state. (Added by Stats. 1965, Ch. 746.)
  99. 37824.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 2. The Merger [37820 - 37826] ( Chapter 2 added by Stats. 1965, Ch. 746. )

    Verify source ↗

    When the two districts merge, the water storage district ceases to exist and its directors’ and officers’ offices end.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 2. The Merger [37820 - 37826] ( Chapter 2 added by Stats. 1965, Ch. 746. ) ## 37824. Upon the merger of the two districts, the water storage district for all purposes ceases to exist, and the offices of its directors and officers are terminated. (Added by Stats. 1965, Ch. 746.)
  100. 37825.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 2. The Merger [37820 - 37826] ( Chapter 2 added by Stats. 1965, Ch. 746. )

    Verify source ↗

    When the merger happens, the then-serving directors and officers of the California water district become the directors and officers of the surviving district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 2. The Merger [37820 - 37826] ( Chapter 2 added by Stats. 1965, Ch. 746. ) ## 37825. Upon the merger, the directors and officers of the California water district then in office constitute the directors and officers of the surviving district. (Added by Stats. 1965, Ch. 746.)
  101. 37826.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 2. The Merger [37820 - 37826] ( Chapter 2 added by Stats. 1965, Ch. 746. )

    Verify source ↗

    After the merger, the surviving district takes over the properties, rights, and contracts of both districts, and may spend or dispose of any funds it receives as allowed by general California water district law.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 2. The Merger [37820 - 37826] ( Chapter 2 added by Stats. 1965, Ch. 746. ) ## 37826. Upon the merger, the surviving district succeeds to all properties, rights, and contracts of each of the two districts and any funds to which it succeeds may be expended and properly disposed of as provided by law for California water districts generally. (Added by Stats. 1965, Ch. 746.)
  102. 37850.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 3. Operation of Surviving District [37850 - 37856] ( Chapter 3 added by Stats. 1965, Ch. 746. )

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    The surviving district must be run under the general laws for California water districts, unless this part expressly says otherwise.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 3. Operation of Surviving District [37850 - 37856] ( Chapter 3 added by Stats. 1965, Ch. 746. ) ## 37850. Except as in this part expressly provided, the surviving district shall in all respects be operated, managed, and governed, its directors and officers shall be elected or appointed, and its revenues shall be raised and expended as provided by law for California water districts generally. (Added by Stats. 1965, Ch. 746.)
  103. 37851.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 3. Operation of Surviving District [37850 - 37856] ( Chapter 3 added by Stats. 1965, Ch. 746. )

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    Pending actions or proceedings involving the water storage district may continue to final judgment, and the surviving district may be substituted as a party.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 3. Operation of Surviving District [37850 - 37856] ( Chapter 3 added by Stats. 1965, Ch. 746. ) ## 37851. All actions and proceedings pending by or against the water storage district at the time of the merger may be prosecuted to final judgment for or against the water storage district or the surviving district may be substituted as a party. (Added by Stats. 1965, Ch. 746.)
  104. 37852.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 3. Operation of Surviving District [37850 - 37856] ( Chapter 3 added by Stats. 1965, Ch. 746. )

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    After the merger, no action or proceeding may be brought for or against the water storage district or its directors or officers.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 3. Operation of Surviving District [37850 - 37856] ( Chapter 3 added by Stats. 1965, Ch. 746. ) ## 37852. After the merger, no action or proceeding shall be brought for or against the water storage district or its directors or officers. (Added by Stats. 1965, Ch. 746.)
  105. 37853.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 3. Operation of Surviving District [37850 - 37856] ( Chapter 3 added by Stats. 1965, Ch. 746. )

    Verify source ↗

    After the merger, any actions or proceedings must be prosecuted by or against the surviving district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 3. Operation of Surviving District [37850 - 37856] ( Chapter 3 added by Stats. 1965, Ch. 746. ) ## 37853. All actions and proceedings commenced after the merger, either on account of the affairs of the water storage district or affairs of the California water district, shall be prosecuted by or against the surviving district. (Added by Stats. 1965, Ch. 746.)
  106. 37854.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 3. Operation of Surviving District [37850 - 37856] ( Chapter 3 added by Stats. 1965, Ch. 746. )

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    The surviving district must take on the merged districts’ outstanding debt, and bondholders and creditors may enforce their rights against the surviving district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 3. Operation of Surviving District [37850 - 37856] ( Chapter 3 added by Stats. 1965, Ch. 746. ) ## 37854. All outstanding bonded and other indebtedness of the water storage district and of the California water district at the time of the merger is hereby assumed by the surviving district, and all bondholders and creditors of the two districts may enforce their rights against the surviving district in like manner as might have been done against the water storage district or the California water district if the two districts had not been merged. (Added by Stats. 1965, Ch. 746.)
  107. 37855.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 3. Operation of Surviving District [37850 - 37856] ( Chapter 3 added by Stats. 1965, Ch. 746. )

    Verify source ↗

    The surviving district’s board and officers, and county officers and boards of supervisors, must carry out assessment-related duties for uncollected assessments from before the merger, following the California Water Storage District Law.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 3. Operation of Surviving District [37850 - 37856] ( Chapter 3 added by Stats. 1965, Ch. 746. ) ## 37855. The board of directors and officers of the surviving district shall peform all duties and functions of the board of directors and corresponding officers of the water storage district relating to the assessment, levy, and collection of assessments with respect to assessments levied but uncollected as of the date of the merger in the same manner and at the same times as is provided in the California Water Storage District Law, and all county officers and boards of supervisors shall likewise perform their functions and duties with relation to the assessment, levy, and collection of such assessments as is provided in the California Water Storage District Law. (Added by Stats. 1965, Ch. 746.)
  108. 37856.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 3. Operation of Surviving District [37850 - 37856] ( Chapter 3 added by Stats. 1965, Ch. 746. )

    Verify source ↗

    Lands that were in the Westlands Water District before the merger keep a prior water right, as long as they remain in the district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 3. Operation of Surviving District [37850 - 37856] ( Chapter 3 added by Stats. 1965, Ch. 746. ) ## 37856. Lands which were within the Westlands Water District immediately prior to the merger shall, so long as said lands remain in the said district, have a prior right with respect to water to which said district was entitled under any contract with the United States in effect on the date of said merger over (1) lands added to the Westlands Water District as a result of the merger and (2) lands annexed to the said district subsequent to the merger. (Added by Stats. 1965, Ch. 746.)
  109. 37860.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 4. Additional Powers of the District [37860 - 37861] ( Chapter 4 added by Stats. 2024, Ch. 573, Sec. 1. )

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    Westlands Water District may build, run, lease, and sell certain solar, storage, and transmission-related electricity assets, but it cannot sell electricity at retail and must report income from those facilities.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 4. Additional Powers of the District [37860 - 37861] ( Chapter 4 added by Stats. 2024, Ch. 573, Sec. 1. ) ## 37860. (a) For purposes of this section, “for its own purposes” means the Westlands Water District performing only functions within its capacity as a water district, including, but not limited to, any of the following: (1) Pumping operations. (2) Water treatment operations. (3) Barrier intrusion operations. (4) Desalination operations. (b) (1) The Westlands Water District may provide, generate, and deliver solar photovoltaic electricity, and may construct, operate, and maintain any and all works, facilities, improvements, and property, or portions thereof, necessary or convenient for generating and delivering that electricity. (2) An electric powerplant or transmission line constructed pursuant to this subdivision may be leased for operation. (3) The electricity generated pursuant to this subdivision shall be used by the Westlands Water District for its own purposes. The district may sell surplus electricity to a public or private entity that is engaged in the distribution or sale of electricity. (c) The Westlands Water District may construct, operate, and maintain an energy storage system, as defined in Section 2835 of the Public Utilities Code, and all works, facilities, improvements, and property, or portions thereof, necessary or convenient for the operation of an energy storage system, within the boundaries of the district, regardless of whether the energy storage system is interconnected to or directly charged by an electric powerplant constructed pursuant to subdivision (b). An energy storage system constructed pursuant to this subdivision may be leased for operation. The district may operate an energy storage system in a manner intended, as determined by the district, to increase the economic value of the energy storage system and the district is not required to use the discharging energy for its own purposes. The district may purchase discharging energy through a market administered by the Independent System Operator. The district may sell discharging energy and any attributes of the energy storage system through a market administered by the Independent System Operator. (d) The Westlands Water District may construct, operate, and maintain electrical transmission lines and all works, facilities, improvements, and property, or portions thereof, necessary or convenient for the conveyance of electricity within the boundaries of the district, regardless of whether the transmission lines are used for the purpose of conveying electricity from an electric powerplant constructed pursuant to subdivision (b). Transmission lines constructed pursuant to this subdivision may be leased for operation. The district may sell the rights to use transmission lines constructed pursuant to this subdivision to any public or private entity that is engaged in the distribution or sale of electricity. Transmission facilities developed pursuant to this section shall be controlled by a California balancing authority, as defined in Section 399.12 of the Public Utilities Code, regardless of ownership by the Westlands Water District or a subsequent owner. (e) This section does not authorize the Westlands Water District to provide, sell, or deliver electricity at retail. (f) The Westlands Water District shall not acquire property employed in the generation or delivery of electricity for public or private utility purposes, except by mutual agreement between the district and the owner of that property. (g) The Westlands Water District shall report the amount of income, and the purposes for expenditure of that income, from electricity facilities constructed pursuant to this section in the report required by Section 53892 of the Government Code. (Added by Stats. 2024, Ch. 573, Sec. 1. (AB 2661) Effective January 1, 2025.)
  110. 37861.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 4. Additional Powers of the District [37860 - 37861] ( Chapter 4 added by Stats. 2024, Ch. 573, Sec. 1. )

    Verify source ↗

    The Westlands Water District must create a community benefits agreement plan for certain Valley Clean Infrastructure Plan projects.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.1. WESTLANDS WATER DISTRICT MERGER [37800 - 37861] ( Part 8.1 added by Stats. 1965, Ch. 746. ) ## CHAPTER 4. Additional Powers of the District [37860 - 37861] ( Chapter 4 added by Stats. 2024, Ch. 573, Sec. 1. ) ## 37861. (a) The Westlands Water District shall establish a community benefits agreement plan for the Valley Clean Infrastructure Plan and related transmission and other electrical projects constructed pursuant to Section 37860. (b) The community benefits agreement plan shall be designed to ensure that local communities have meaningful opportunities to participate and access benefits associated with projects that are part of the Valley Clean Infrastructure Plan. (c) The community benefits agreement plan shall outline the specific benefits to be provided to local communities, which may include, but are not limited to, all of the following: (1) Job creation and training programs for local residents. (2) Use of local businesses and vendors. (3) Financial contributions to community development projects and programs. (d) For purposes of this section, “local communities” means counties, cities, and other local governmental agencies located within, or adjacent to, the Westlands Water District’s jurisdictional boundaries. (Added by Stats. 2024, Ch. 573, Sec. 1. (AB 2661) Effective January 1, 2025.)
  111. 37900.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 1. General Provisions [37900 - 37904] ( Chapter 1 added by Stats. 2014, Ch. 350, Sec. 1. )

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    This section defines key terms used in the Paso Robles Basin Water District part and says the part applies only to that district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 1. General Provisions [37900 - 37904] ( Chapter 1 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37900. (a) For purposes of this part, the following definitions apply: (1) “Aquifer” means a geologic formation or structure that transmits water in sufficient quantities to supply pumping wells or springs. (2) “Available supply” means that quantity of groundwater that can be withdrawn in any given year from a groundwater basin or aquifer without resulting in or aggravating conditions of overdraft, subsidence, or groundwater quality degradation. Available supply of a groundwater basin or aquifer includes the natural water supply, imported water, or other water that has been spread to a basin or aquifer or otherwise added to a basin or aquifer, and return flows to the basin or aquifer attributable to these sources reaching the groundwater basin or aquifers in the course of use. (3) “Board” means the board of directors of the Paso Robles Basin Water District. (4) “Conjunctive use” means the coordinated operation of a groundwater basin and groundwater and surface water supplies. Conjunctive use includes increased groundwater use or decreased groundwater replenishment with surface supplies in years when surface supplies are less than normal and, in years of more abundant surface supplies, the increased use of surface water in lieu of groundwater, either to allow groundwater levels to recover or to replenish artificial groundwater supplies. Conjunctive use also includes long-term storage of water in a groundwater basin. (5) “County” means the County of San Luis Obispo. (6) “District” means the Paso Robles Basin Water District, the boundaries of which shall be established and may be modified by the San Luis Obispo County Local Agency Formation Commission. (7) “Excess extractions” means those extractions in excess of an operator’s extraction allocation or adjusted extraction allocation. (8) “Extraction” means the act of obtaining groundwater by pumping or other controlled means. (9) “Extraction allocation” means the amount of groundwater that may be extracted from an extraction facility during a calendar year before a surcharge is imposed. (10) “Extraction surcharge” means a surcharge assessed annually each time an operator exceeds his or her extraction allocation. (11) “Extraction facility” means any device or method for the extraction of groundwater within a groundwater basin or aquifer. (12) “Groundwater” means water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water. (13) “Groundwater basin” means a geologically and hydrologically defined area containing one or more aquifers that store and transmit water yielding significant quantities of water to wells. (14) “Groundwater management activities” means programs, measures, or actions taken to preserve, protect, and enhance groundwater resources within the territory of the district. (15) “Groundwater rights adjudication” means the determination of substantially all rights in a groundwater basin or the area subject to the adjudication. (16) “Operator” means a person who operates a groundwater extraction facility. In the event the district is unable to determine who operates a particular extraction facility, then “operator” shall mean the person to whom the extraction facility is assessed by the county assessor or, if not separately assessed, the person who owns the land upon which the extraction facility is located. (17) “Overdraft” means the condition of the groundwater basin or aquifer where the average annual amount of water extracted exceeds the average annual supply of water to a basin or aquifer. (18) “Program” means a groundwater management program prepared by the district pursuant to this act. (19) “Recharge” means the natural or artificial replenishment of groundwater storage by percolation or injection of one or more sources of water at the surface. (20) “Replenishment” means spreading water over a permeable area for the purpose of allowing it to percolate to groundwater basins or aquifers, or otherwise adding water to groundwater basins or aquifers. (21) “Safe yield” means the condition of a groundwater basin when the total average annual groundwater extractions are equal to, or less than, the total average annual groundwater recharge, either naturally or artificially. (22) “Supplemental water” means surface water or groundwater imported from outside the watershed or watersheds of the groundwater basin or aquifer and floodwaters that are conserved and saved within the watershed or watersheds that would otherwise have been lost or would not have reached the groundwater basin or aquifers. (23) “Well interference” means a substantial water level decline in a short time period in a localized area caused by pumping from extraction facilities. (b) This part shall apply only to the Paso Robles Basin Water District. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  112. 37901.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 1. General Provisions [37900 - 37904] ( Chapter 1 added by Stats. 2014, Ch. 350, Sec. 1. )

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    The Legislature states that this part creates a governmental framework for the district to balance groundwater supply and consumption in the basin and support its stabilization and resources.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 1. General Provisions [37900 - 37904] ( Chapter 1 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37901. The Legislature finds and declares that the provisions of this part are enacted in order to provide a governmental framework for the district to balance the supply to and consumption of groundwater within the basin underlying the district, and thereby pursue stabilizing that basin and sustaining its resources for the beneficial use of all who use water within the district. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  113. 37902.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 1. General Provisions [37900 - 37904] ( Chapter 1 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    Creating the district does not change the County of San Luis Obispo’s or the county flood control and water conservation district’s powers over groundwater management.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 1. General Provisions [37900 - 37904] ( Chapter 1 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37902. The creation of the district is not intended to and shall not modify the powers of the County of San Luis Obispo and the San Luis Obispo County Flood Control and Water Conservation District, carried out consistent with applicable law, to manage and protect groundwater resources within the County of San Luis Obispo, including the Paso Robles Groundwater Basin. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  114. 37903.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 1. General Provisions [37900 - 37904] ( Chapter 1 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    If formed, the district must not get involved in certain county or local-agency activities unless the agency agrees.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 1. General Provisions [37900 - 37904] ( Chapter 1 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37903. If formed, the district shall not involve itself in activities normally and historically undertaken by the county, the San Luis Obispo County Flood Control and Water Conservation District, or other local agency, without the agreement of the agency. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  115. 37904.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 1. General Provisions [37900 - 37904] ( Chapter 1 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    If the board is formed, it must set regular meeting dates, times, and places by resolution and file each resolution with the specified board and member clerks or secretaries. It must also comply with the Brown Act.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 1. General Provisions [37900 - 37904] ( Chapter 1 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37904. If formed, the board shall provide by resolution the dates on which and the time and place at which regular meetings of the board shall be held. A copy of each resolution establishing the date, time, and place of a regular meeting shall be filed with the secretary of the board and the clerk, or secretary of the legislative body of each of the members. The board shall comply with the provisions of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5). (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  116. 37905.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 1.5. Formation [37905- 37905.] ( Chapter 1.5 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    This section sets rules for forming the Paso Robles Basin Water District, including who may petition, who may vote, and when proxy voting is not allowed.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 1.5. Formation [37905- 37905.] ( Chapter 1.5 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37905. The formation process shall comply with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code), with the exception of the following provisions: (a) On or before January 1, 2019, 10 percent of landowners may petition for, or an affected local agency within the county, including the county and the San Luis Obispo County Flood Control and Water Conservation District, may apply for by resolution, the formation of a district, consistent with the following definitions: (1) “Landowner” means any person who holds title to land within the boundaries of the proposed district as shown on the last assessment roll prepared by the county assessor, or a legal representative of a landowner who holds title to land within the boundaries of the proposed district as shown on the last assessment roll prepared by the county assessor. (2) “Landowner” does not include individuals, partnerships, corporations, or public agencies holding easements or less than fee interests, including leaseholds of any nature. (3) “Legal representative” means either of the following: (A) A duly appointed and acting guardian, executor, or administrator of the estate of a holder of title to land. (B) One of the following: (i) If the holder of title is a trust, any trustee of the trust may vote on behalf of the trust. (ii) If the holder of title is a corporation, the president, vice president, secretary, or other duly designated officer may vote on behalf of the corporation. (iii) If the holder of title is a limited liability company, any managing member may vote on behalf of the limited liability company. (iv) An officer or partner with managerial responsibilities of a legal entity not listed in clauses (i) to (iii), inclusive, may vote on behalf of the entity. (b) Following a successful petition by the landowners or a resolution of application by an affected local agency, an election among landowners shall be conducted on the matter of whether to form the district. (c) For purposes of a petition to form the district and a vote on the matter to form the district, the following applies: (1) Each voter, who shall be a landowner as defined in this section, may cast one vote on the matter of a petition and one vote on the matter of an election to form the district. Ownership of multiple parcels of land, in full or in part, shall not entitle any voter to more than one vote. (2) For land held jointly, owners collectively get one vote. Nothing in this section should be construed to indicate that multiple owners of a property get more than one vote. (3) In the event any landowner that is a member of the same commonly controlled group, as defined in Section 25105 of the Revenue and Taxation Code, or is a member of a combined reporting group, as defined in paragraph (3) of subdivision (b) of Section 25106.5 of Title 18 of the California Code of Regulations, or under common ownership with, another landowner in the district, all members of the commonly controlled group or combined reporting group will be deemed a single landowner for the purpose of this subdivision. (4) Each public agency that holds title to land within the district shall be entitled to one vote. (5) No person shall vote by proxy unless his or her authority to cast that vote is evidenced by an instrument acknowledged and filed with the board of election. (6) If from the election returns a majority of the votes cast at the election were in favor of the formation of the district, the formation of the district shall be complete. (d) Recognizing that an election is needed to form the Paso Robles Basin Water District, the protest provisions of the Cortese-Knox-Hertzberg Reorganization Act of 2000 as they pertain to the formation of a district, do not apply. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  117. 37910.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 2. Elections [37910 - 37913] ( Chapter 2 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    District elections for the board of directors must follow this part, even if other law or the district bylaws say otherwise.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 2. Elections [37910 - 37913] ( Chapter 2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37910. Notwithstanding any other law or the bylaws of the district, all elections for the board of directors of the district shall be conducted in accordance with this part. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  118. 37911.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 2. Elections [37910 - 37913] ( Chapter 2 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    This section sets the Paso Robles Basin Water District board at nine directors and divides how they are chosen.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 2. Elections [37910 - 37913] ( Chapter 2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37911. The composition of the board of directors shall be as follows: (a) There shall be a total of nine directors. A person may only be a candidate for one director. (b) Six of the directors shall be qualified for office by being persons who hold title to land within the district or persons authorized to vote in elections by landowners, as provided in Section 37913. Each director shall be elected by landowners within the district as provided by Article 1 (commencing with Section 35003) of Chapter 1 of Part 4, except that each voter shall be entitled to cast one vote for each acre owned by the voter within the district. If the voter owns less than one acre, the voter shall be entitled to one vote and any fraction shall be rounded to the nearest full acre. (1) For the purposes of election of the six directors described by this subdivision, landowners within the district shall be divided into three classes as follows: (A) “Large landowners,” meaning holders of title owning a total of 400 acres or more. (B) “Medium landowners,” meaning holders of title owning a total of 40 acres or more but less than 400 acres. (C) “Small landowners,” meaning holders of title owning a total of less than 40 acres of land. (2) Of the six directors elected pursuant to this subdivision, large landowners shall elect two directors, medium landowners shall elect two directors, and small landowners shall elect two directors. (3) Candidates for the six directors elected pursuant to this subdivision may be within any landowner class. (c) Three of the directors shall be elected by registered voters within the district at large. (d) (1) All directors qualified under subdivision (b) shall reside within the district, within two miles of the district boundary, or within the boundaries of the City of Paso Robles, the Atascadero Mutual Water Company, the Templeton Community Services District, the San Miguel Community Services District, or the San Luis Obispo County Service Area 16. (2) All directors qualified under subdivision (c) shall be registered voters residing within the district. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  119. 37912.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 2. Elections [37910 - 37913] ( Chapter 2 added by Stats. 2014, Ch. 350, Sec. 1. )

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    District elections must follow the specified election laws and use separate ballots, mailed ballots, and scheduled director elections under this section.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 2. Elections [37910 - 37913] ( Chapter 2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37912. District elections shall be conducted in conformance with the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code) and the laws generally applicable to districts created and operated pursuant to this division, provided the following shall apply: (a) Separate ballots shall be prepared and separate elections shall be conducted for those director positions which will be elected by resident voters and for those which will be elected by landowner voters. Notwithstanding Section 10555 of the Elections Code, these landowner voter elections and resident voter elections shall be conducted simultaneously. (b) District elections shall be conducted by all-mailed ballots pursuant to Section 4108 of the Elections Code. Separate voter lists of resident voters and landowner voters eligible to vote within the district shall be prepared and maintained according to applicable provisions of law, including Section 10525 of the Elections Code. Separate all-mailed ballot elections shall be held for the directors to be elected by resident voters and for those to be elected by landowner voters. (c) The directors elected upon formation of the district shall hold office pursuant to Section 10505 of the Elections Code. For the purposes of implementing this section, the director positions elected by large landowners shall be divided into two director term classes, the directors elected by medium landowners shall be divided into two director term classes, the directors elected by small landowners shall be divided into two director term classes, and the directors elected by registered voters shall be divided into two director term classes. (d) Elections of directors shall be held on the first Tuesday after the first Monday in October of each odd-numbered year. (e) The voters list used for the purpose of an election of directors shall be based upon the last assessment roll prepared by the county assessor, which shall be conclusive evidence of ownership and the acreage for purposes of electing directors in accordance with subdivision (b) of Section 37911. The voters list shall be amended if satisfactory evidence of a change in ownership is presented at least 45 days prior to the election to the elections official in the case of the formation election, and thereafter to the district secretary. The county assessor shall be reimbursed by the district for all costs incurred in determining the ownership and acreage information and providing the information to the county clerk. (f) For purposes of the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code), the district is a landowner voting district. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  120. 37913.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 2. Elections [37910 - 37913] ( Chapter 2 added by Stats. 2014, Ch. 350, Sec. 1. )

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    This section defines who counts as a landowner, who counts as a legal representative, and when certain representatives may vote for the title holder in landowner elections.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 2. Elections [37910 - 37913] ( Chapter 2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37913. Notwithstanding any other provision of this division or the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code), for the purposes of election participation by landowners, the following definitions apply: (a) “Landowner” means any person who holds title to land within the boundaries of the proposed district as shown on the last assessment roll prepared by the county assessor, or a legal representative of a landowner who holds title to land within the boundaries of the proposed district as shown on the last assessment roll prepared by the county assessor. (b) “Landowner” does not include individuals, partnerships, corporations, or public agencies holding easements or less than fee interests, including leaseholds of any nature. (c) “Legal representative” means either of the following: (1) A duly appointed and acting guardian, executor, or administrator of the estate of a holder of title to land. (2) One of the following: (A) If the holder of title is a trust, any trustee of the trust may vote on behalf of the trust. (B) If the holder of title is a corporation, the president, vice president, secretary, or other duly designated officer may vote on behalf of the corporation. (C) If the holder of title is a limited liability company, any managing member may vote on behalf of the limited liability company. (D) An officer or partner with managerial responsibilities of a legal entity not listed in subparagraphs (A) to (C), inclusive, may vote on behalf of the entity. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  121. 37920.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. )

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    All powers in this part must be reviewed and approved by the San Luis Obispo County Local Agency Formation Commission when there is a formation, change of organization, or reorganization under the cited act.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37920. All powers in this part are subject to review and approval by the San Luis Obispo County Local Agency Formation Commission, upon formation, change of organization, or reorganization under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  122. 37921.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. )

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    The board may adopt ordinances to regulate groundwater in the district. Ordinary ordinances require noticed public hearings and a majority vote, take effect 31 days after adoption, and notice of adoption must be given. Emergency ordinances may be adopted immediately if at least seven board members vote for them and the board finds public health, safety, or welfare requires it.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37921. The board may adopt ordinances for the purpose of regulating, conserving, managing, and controlling the use and extraction of groundwater within the territory of the district. All ordinances shall be adopted, after noticed public hearings by a majority vote of the board. Notice of the adoption of all ordinances shall be given. The ordinances of the district shall become effective on the 31st day after adoption except that the board may, by the vote of at least seven members of the board, dispense with notice of public hearing and adopt an emergency ordinance that shall become effective immediately upon adoption, if the board determines that the public health, safety, or welfare so requires. (Amended by Stats. 2015, Ch. 269, Sec. 42. (SB 184) Effective January 1, 2016.)
  123. 37922.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    A person who intentionally violates this act or a district ordinance commits an infraction and may have to pay a fine of up to $500 to the district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37922. Any person who intentionally violates any provision of this act or any district ordinance shall be guilty of an infraction and may be required to pay a fine to the district not to exceed five hundred dollars ($500). (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  124. 37923.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    A person who negligently or intentionally violates this act or a district ordinance may be civilly liable to the district for up to $1,000 per day of violation.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37923. Any person who negligently or intentionally violates any provision of this act or any district ordinance may also be liable civilly to the district for a sum not to exceed one thousand dollars ($1,000) per day for each day of violation, in addition to any other penalties that may be prescribed by law. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  125. 37924.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. )

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    If someone fails to comply with this act or a district ordinance, the district may ask the superior court for injunctive or other equitable relief.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37924. Upon the failure of any person to comply with any provision of this act or any district ordinance, the district may petition the superior court for a temporary restraining order, preliminary or permanent injunction, or other equitable relief as may be appropriate. The right to petition for injunctive relief is an additional right to those that may be provided elsewhere in this act or otherwise allowed by law. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  126. 37925.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. )

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    The district may ask the county superior court to recover money owed to it and may take legal or administrative action involving groundwater to protect and manage groundwater resources in its territory.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37925. The district may petition the superior court of the county to recover any sums due the district. In order to preserve and manage the groundwater resources within its territory, the district may also commence, maintain, intervene in, defend, compromise, and assume the costs and expenses of legal actions and administrative proceedings now or hereafter begun involving groundwater, including, but not limited to, groundwater rights adjudication. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  127. 37926.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. )

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    The district may contract for staff and other services and may hire contractors and consultants.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37926. The district may contract with the county, the San Luis Obispo County Flood Control and Water Conservation District, or other local district for staff and other services and may hire other contractors and consultants as it considers appropriate. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  128. 37927.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    The district may exempt operators who extract less than a board-specified minimum amount of groundwater from this act or an ordinance.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37927. The district may exclude from any of the requirements of this act, or the operation of any ordinance, any operator who extracts less than a minimum amount of groundwater as specified by ordinance adopted by the board. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  129. 37928.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    The district may collect data and carry out technical investigations needed to implement the act. Hydrological investigations and studies must be done by or under qualified supervision.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37928. The district may collect data and conduct technical and other investigations deemed necessary in order to carry out the provisions of this act. All hydrological investigations and studies carried out by or on behalf of the district shall be conducted by or under the supervision of licensed engineers or other persons qualified in groundwater geology or hydrology. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  130. 37929.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    The district may prepare annual reports or receive reports about groundwater and supplemental water supplies and conditions in its territory.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37929. The district may prepare annually or receive reports on groundwater and supplemental water supplies and conditions in the territory of the district, including groundwater management and conjunctive use objectives and a plan for implementation of those objectives. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  131. 37930.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    The district may recommend and encourage wastewater reuse and other water development projects when they support responsible groundwater management.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37930. The district may recommend and encourage wastewater reuse and other water development projects, if those projects will enhance and contribute to the responsible management of groundwater resources, as part of its annual plan for implementation of groundwater management objectives. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  132. 37931.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    The district has the authority given to local agencies under Part 2.75, as amended, and must act consistently with applicable law.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 3. Groundwater Management Authority [37920 - 37931] ( Chapter 3 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37931. In addition to the powers identified here, the district shall have the authority afforded to local agencies as provided in Part 2.75 (commencing with Section 10750) of Division 6 as that part may be amended, consistent with the requirements and limitations of applicable law. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  133. 37940.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 4. Groundwater Management Plans [37940 - 37942] ( Chapter 4 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    The district may develop and implement a groundwater management plan to help balance water supply and demand in the Paso Robles Groundwater Basin.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 4. Groundwater Management Plans [37940 - 37942] ( Chapter 4 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37940. In order to balance the water supply and demand within the Paso Robles Groundwater Basin, the district may do the following: (a) Develop, adopt, and implement a groundwater management plan to control extractions from the Paso Robles Groundwater Basin aquifers with the objective of balancing water supply and demand in the region. (b) The groundwater management plan may also include and address the following: (1) Existing groundwater storage. (2) Long-term recoverable storage, including an estimate of nonrecoverable storage. (3) The expected adverse effects of projected extractions. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  134. 37941.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 4. Groundwater Management Plans [37940 - 37942] ( Chapter 4 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    A groundwater management plan may create distinct zones or regions based on the basin’s geology, land use, water use, extraction facility locations, or other board-determined concerns.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 4. Groundwater Management Plans [37940 - 37942] ( Chapter 4 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37941. The groundwater management plan may establish distinct zones or regions based on the geology of the basin, land use, water use, the location of extraction facilities, or other concerns as determined by the board. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  135. 37942.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 4. Groundwater Management Plans [37940 - 37942] ( Chapter 4 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    The district may include groundwater management plan policies for new well permits, consider limits on new irrigated acreage or municipal water system wells, and add a contingency plan for groundwater risks.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 4. Groundwater Management Plans [37940 - 37942] ( Chapter 4 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37942. The groundwater management plan may include a policy for the issuance of new well permits that takes into consideration the location of proposed wells and area of use, projected extractions from the wells, and the effect of the extractions on existing users and on storage. In developing the management plan, the district may consider a ban on new irrigated acreage or new municipal water system wells. The district may include a contingency plan to deal with seawater intrusion, basin contamination, or other risks that could impair the ability to rely on the basin for groundwater. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  136. 37950.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 5. Groundwater management [37950 - 37955] ( Chapter 5 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    If the board makes certain findings after a noticed public hearing, it may use an ordinance to regulate groundwater-related activities and require registration, reporting, and equipment measures.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 5. Groundwater management [37950 - 37955] ( Chapter 5 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37950. If the board determines after a noticed public hearing, and consideration of any relevant investigations, studies, and evidence, that groundwater management activities are necessary in order to improve or protect the quantity or quality of groundwater supplies within a groundwater basin or aquifer, the board may, by ordinance, exercise any of the following powers: (a) Require conservation practices and measures within the affected portion of its territory. (b) Control groundwater extractions by regulating, limiting, or suspending extractions from extraction facilities, the construction of new extraction facilities, the enlarging of existing extraction facilities, and the reactivation of abandoned extraction facilities. (c) Commence and prosecute legal actions to enjoin unreasonable uses or methods of use of water within the district or outside the territory of the district to the extent those uses or methods of use adversely affect the groundwater supply within the district. (d) Impose spacing requirements on new extraction facility construction to minimize well interference. (e) Impose reasonable operating regulations on extraction facilities to minimize well interference, including requiring pumpers to operate on a rotation basis. (f) Require extraction facilities to be registered with the district within 30 days of notice being given to the operator of the extraction facility. (g) Require that the operator of a registered extraction facility provide the district annually with the following information regarding the extraction facility: (1) The name and address of the operator of the extraction facility. (2) The name and address of the owner of the land upon which the extraction facility is located. (3) A description of the equipment associated with the extraction facility. (4) The location of the water extraction facility. (h) Require extraction facilities to be equipped with waterflow measuring devices installed and calibrated by the district or, at the district’s option, by the extraction facility operator. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  137. 37951.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 5. Groundwater management [37950 - 37955] ( Chapter 5 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    If an extraction facility has a waterflow measuring device, the board may treat the device’s extraction record as accurate and must use it to compute extraction for the groundwater extraction statement.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 5. Groundwater management [37950 - 37955] ( Chapter 5 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37951. When an extraction facility is equipped with a waterflow measuring device, the record of extraction, as disclosed by the waterflow measuring device, may, at the election of the board, be presumed to be accurate, and shall be used as the basis for computing the water extraction of the extraction facility in completing the groundwater extraction statement. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  138. 37952.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 5. Groundwater management [37950 - 37955] ( Chapter 5 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    The district may require proof that a waterflow measuring device is accurate, and if that proof is not adequate, it may order the operator to have the device calibrated at the operator’s sole cost. The district may also investigate groundwater extraction from an extraction facility in certain cases.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 5. Groundwater management [37950 - 37955] ( Chapter 5 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37952. The district may, by ordinance, require proof of the accuracy of the waterflow measuring device from the operator and may, absent adequate proof of accuracy, order the operator, at the operator’s sole cost, to have the waterflow measuring device calibrated in a manner acceptable to the district. If the district has probable cause to believe that the extraction of groundwater from any extraction facility is in excess of the amount reported in groundwater extraction statements, or if no statements are filed covering an extraction facility, the district may investigate the extraction of water from each extraction facility. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  139. 37953.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 5. Groundwater management [37950 - 37955] ( Chapter 5 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    The board may adopt an ordinance establishing reasonable methods for calculating how much water extraction facilities extract.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 5. Groundwater management [37950 - 37955] ( Chapter 5 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37953. The board may, by ordinance, establish reasonable methods to be used in computing the amount of water extracted by extraction facilities. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  140. 37954.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 5. Groundwater management [37950 - 37955] ( Chapter 5 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    The district may require extraction-facility operators to file groundwater extraction statements, at least every six months and possibly more often, under an ordinance.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 5. Groundwater management [37950 - 37955] ( Chapter 5 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37954. The district may, by ordinance, require the operator of each extraction facility to file semiannually, or more frequently, with the district, a groundwater extraction statement that contains, but is not limited to, the following information: (a) Total extraction in acre-feet of water from the extraction facility for the preceding groundwater extraction statement period. (b) The static groundwater level for the extraction facility. (c) A description of the location of the extraction facility. (d) The crop types or other uses and the acreage served by the extraction facility. (e) The method of measuring or computing groundwater extraction. (f) Other information deemed reasonable and necessary by the board to meet the purposes of this act. (Amended by Stats. 2015, Ch. 303, Sec. 561. (AB 731) Effective January 1, 2016.)
  141. 37955.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 5. Groundwater management [37950 - 37955] ( Chapter 5 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    If an ordinance requires it, groundwater extraction statements must be verified by a written declaration under penalty of perjury. Operators of extraction facilities permanently abandoned after January 1, 2015 must give written notice of the abandonment to the district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 5. Groundwater management [37950 - 37955] ( Chapter 5 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37955. If required by ordinance, each groundwater extraction statement shall be verified by a written declaration under penalty of perjury that the information contained in the statement is true and correct. The operator of an extraction facility that has been permanently abandoned after January 1, 2015, shall give written notice of the abandonment to the district. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  142. 37960.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    The district may adopt an ordinance to levy groundwater extraction charges on groundwater extraction facilities in its territory, and any such charges must be uniform within the district.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37960. The district may, by ordinance, levy groundwater extraction charges, including volumetric charges intended to provide an incentive for reduced water use, on the extraction of groundwater from all water extraction facilities within the territory of the district for the purposes of paying the costs of initiating, carrying on, and completing any of the powers, purposes, and groundwater management activities described in this act. Any groundwater extraction charges shall be uniform for groundwater extraction within the territory of the district. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  143. 37961.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    The Legislature states that the district’s groundwater management activities benefit all operators of groundwater extraction facilities in the district equally.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37961. The Legislature hereby finds and determines that the groundwater management activities of the district are of equal benefit to all operators of groundwater extraction facilities within the territory of the district. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  144. 37962.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    If an extraction facility operator does not pay a groundwater extraction charge when due, the district may charge 11/2% interest per month on the overdue amount and may use certain collection provisions.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37962. If any operator of any extraction facility fails to pay a groundwater extraction charge when due, the district may charge and collect interest at the rate of 11/2 percent each month on the delinquent amount of the groundwater extraction charge. In addition, the district may exercise any of the provisions of Sections 75630 to 75633, inclusive, for the purpose of collecting delinquent groundwater extraction charges. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  145. 37963.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    Money collected by the district under this act is available for the district to spend on its groundwater management functions.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37963. All moneys collected by the district pursuant to this act shall be available for expenditure by the district to carry out its groundwater management functions pursuant to this act. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  146. 37964.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    The district may adopt an ordinance to set extraction allocations for groundwater facilities and to charge operators surcharges and late penalties in specified cases.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37964. The district may, by ordinance, establish an operator’s extraction allocation for each groundwater extraction facility located within the district. The district may, by ordinance, impose upon the operator of any groundwater extraction facility located within the district, extraction surcharges, including volumetric surcharges intended to provide an incentive for reduced water use, for extractions in excess of his or her extraction allocation and late penalties for nonpayment of extraction surcharges. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  147. 37965.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    The Legislature states that extraction allocations and surcharges under this chapter are needed to stop overdraft and restore the district’s groundwater basins to safe yield, and that the surcharges are meant to discourage extra groundwater use rather than raise tax revenue.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37965. The Legislature hereby finds and declares the following: (a) Extraction allocations and extraction surcharges authorized pursuant to this chapter are necessary to eliminate overdraft caused by excess extractions from the aquifer systems within the district and to bring the groundwater basins underlying the territory to safe yield within 10 years of the formation of the district and to sustain that safe yield thereafter. (b) The extraction surcharges are intended to discourage the use of groundwater beyond the extraction allocation. They are not intended to generate tax revenues or proceeds from regulatory licenses, user charges, or user fees. Consequently, they are not special taxes for purposes of Section 4 of Article XIII A of the California Constitution or proceeds of taxes for purposes of Section 8 of Article XIII B of the California Constitution. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  148. 37966.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    The maximum extraction surcharge is $200 per acre-foot of groundwater extracted above the extraction allocation, but the district may raise it if needed to achieve safe yield.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37966. The maximum amount of the extraction surcharge shall be two hundred dollars ($200) per acre-foot of groundwater extracted in excess of the extraction allocation, except that the district may increase the maximum amount of the extraction surcharge to an amount that is necessary to achieve safe yield. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  149. 37967.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    If an operator does not pay the extraction surcharge when due, the district must charge and collect a late penalty.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37967. If an operator of a groundwater extraction facility fails to pay the extraction surcharge when due, the district shall charge and collect a late penalty at the rate of 11/2 percent each month, or portion thereof, on the delinquent amount of the extraction surcharge. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  150. 37968.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    The district may sue operators of groundwater extraction facilities to collect delinquent extraction surcharges.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37968. The district may bring a cause of action, in any court having jurisdiction, against an operator of a groundwater extraction facility for the collection of any delinquent extraction surcharge, and Article 5 (commencing with Section 75630) of Chapter 3 of Part 9 of Division 21 applies to those actions. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  151. 37969.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. )

    Verify source ↗

    The district may make an extraction surcharge or late penalty a personal obligation of the operator or a property assessment, and the assessment can become a lien when recorded.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 8.2. Paso Robles Basin Water District [37900 - 37969] ( Part 8.2 added by Stats. 2014, Ch. 350, Sec. 1. ) ## CHAPTER 6. Groundwater Extraction Charges [37960 - 37969] ( Chapter 6 added by Stats. 2014, Ch. 350, Sec. 1. ) ## 37969. In addition to any other authority, the district may order that an extraction surcharge or late penalty be a personal obligation of the operator or an assessment against the property on which the extraction facility is located. The assessment constitutes a lien upon the property, and the lien attaches upon recordation in the office of the county recorder. The assessment may be collected at the same time and in the same manner as ordinary ad valorem taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for those taxes. All laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to an assessment, except that, if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon prior to the date on which the first installment of the taxes would become delinquent, the lien that would otherwise be imposed by this section shall not attach to the real property and an assessment relating to the property shall be transferred to the unsecured roll for collection. (Added by Stats. 2014, Ch. 350, Sec. 1. (AB 2453) Effective January 1, 2015.)
  152. 380.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.6. Deference to Decisions by Local or Regional Agencies [380 - 387] ( Chapter 3.6 added by Stats. 1982, Ch. 867, Sec. 2. )

    Verify source ↗

    The section says water conditions vary across the state, local and regional decisions can be best for meeting water needs, and the chapter’s authority for local and regional public agencies supports California’s policy of efficient water use.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.6. Deference to Decisions by Local or Regional Agencies [380 - 387] ( Chapter 3.6 added by Stats. 1982, Ch. 867, Sec. 2. ) ## 380. The Legislature hereby finds and declares as follows: (a) The various regions of the state differ widely in the availability of water supplies and in the need for water to meet beneficial uses. (b) Decisions regarding operations to meet water needs can depend in part upon regional differences. (c) Many water management decisions can best be made at a local or regional level, to the end that local and regional operational flexibility will maximize efficient statewide use of water supplies. (d) The authority granted by this chapter to local and regional public agencies, as defined in subdivision (a) of Section 65930 of the Government Code and not including federal agencies, is in furtherance of the policy declared in Section 2 of Article X of the California Constitution and in Section 109. (Added by Stats. 1982, Ch. 867, Sec. 2.)
  153. 381.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.6. Deference to Decisions by Local or Regional Agencies [380 - 387] ( Chapter 3.6 added by Stats. 1982, Ch. 867, Sec. 2. )

    Verify source ↗

    Local or regional public agencies’ authority under this chapter overrides more restrictive inconsistent laws about serving water outside the agency.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.6. Deference to Decisions by Local or Regional Agencies [380 - 387] ( Chapter 3.6 added by Stats. 1982, Ch. 867, Sec. 2. ) ## 381. The authority of local or regional public agencies pursuant to this chapter shall control over any other provision of law which contains more stringent limitations on the authority of a particular public agency to serve water for use outside the agency, to the extent those other laws are inconsistent with the authority granted herein. (Added by Stats. 1982, Ch. 867, Sec. 2.)
  154. 382.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.6. Deference to Decisions by Local or Regional Agencies [380 - 387] ( Chapter 3.6 added by Stats. 1982, Ch. 867, Sec. 2. )

    Verify source ↗

    Local or regional public agencies authorized to serve water may transfer surplus or voluntarily unused water for use outside the agency.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.6. Deference to Decisions by Local or Regional Agencies [380 - 387] ( Chapter 3.6 added by Stats. 1982, Ch. 867, Sec. 2. ) ## 382. (a) Notwithstanding any other provision of law, every local or regional public agency authorized by law to serve water to the persons or entities within the service area of the agency may sell, lease, exchange, or otherwise transfer, for use outside the agency, either or both of the following: (1) Water that is surplus to the needs of the water users of the agency. (2) Water, the use of which is voluntarily foregone, during the period of the transfer, by a water user of the agency. (b) This chapter does not prohibit or restrict the transfer of water or water rights by local or regional public agencies pursuant to other provisions of law. (Amended by Stats. 1993, Ch. 188, Sec. 1. Effective January 1, 1994.)
  155. 383.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.6. Deference to Decisions by Local or Regional Agencies [380 - 387] ( Chapter 3.6 added by Stats. 1982, Ch. 867, Sec. 2. )

    Verify source ↗

    This section defines when water counts as surplus to the agency’s water users for this chapter.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.6. Deference to Decisions by Local or Regional Agencies [380 - 387] ( Chapter 3.6 added by Stats. 1982, Ch. 867, Sec. 2. ) ## 383. For the purposes of this chapter, water that is surplus to the needs of the agency’s water users shall mean any of the following: (a) Water, to which the right is held by the agency pursuant to an appropriation made under the Water Commission Act or Division 2 (commencing with Section 1000), which the agency finds will be in excess of the needs of water users within the agency for the duration of the transfer. (b) Water, to which the right is held by the agency pursuant to an appropriation made under the Water Commission Act or Division 2 (commencing with Section 1000), of which any water user agrees with the agency, upon mutually satisfactory terms, to forego use for the duration of the transfer. (c) Water, to which the right is held by a water user within the agency pursuant to an appropriation made under the Water Commission Act or Division 2 (commencing with Section 1000) where the water user and the agency agree, upon mutually satisfactory terms, that the water user will forego use for the period of time specified in the agreement and that the agency shall act as agent for the water user to effect the transfer. (Added by Stats. 1982, Ch. 867, Sec. 2.)
  156. 384.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.6. Deference to Decisions by Local or Regional Agencies [380 - 387] ( Chapter 3.6 added by Stats. 1982, Ch. 867, Sec. 2. )

    Verify source ↗

    Before serving water outside the agency, the agency must comply with state laws governing water or water-rights transfers.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.6. Deference to Decisions by Local or Regional Agencies [380 - 387] ( Chapter 3.6 added by Stats. 1982, Ch. 867, Sec. 2. ) ## 384. Prior to serving water to any person for use outside the agency, the agency shall comply with all provisions of the general laws of this state relating to the transfer of water or water rights, including, but not limited to, procedural and substantive requirements governing any change in point of diversion, place of use, or purpose of use due to such transfer. (Added by Stats. 1982, Ch. 867, Sec. 2.)
  157. 385.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.6. Deference to Decisions by Local or Regional Agencies [380 - 387] ( Chapter 3.6 added by Stats. 1982, Ch. 867, Sec. 2. )

    Verify source ↗

    Water cannot be transferred under this chapter for use within a local or regional public agency’s boundaries if that agency provides the same water service to the transferee, unless the agency first consents.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.6. Deference to Decisions by Local or Regional Agencies [380 - 387] ( Chapter 3.6 added by Stats. 1982, Ch. 867, Sec. 2. ) ## 385. No water may be transferred pursuant to this chapter for use within the boundaries of a local or regional public agency that furnishes the same water service to the transferee without the prior consent of that agency. (Added by Stats. 1982, Ch. 867, Sec. 2.)
  158. 38500.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 9. REPEALS [38500 - 38501] ( Part 9 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    This section repeals Chapter 387 of the Statutes of 1913.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 9. REPEALS [38500 - 38501] ( Part 9 added by Stats. 1951, Ch. 390. ) ## 38500. Chapter 387 of the Statutes of 1913 is hereby repealed. (Added by Stats. 1951, Ch. 390.)
  159. 38501.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 9. REPEALS [38500 - 38501] ( Part 9 added by Stats. 1951, Ch. 390. )

    Verify source ↗

    The repeal in this part must not be read to take away any substantial right of any district, person, or other entity.

    ## Water Code - WAT ## DIVISION 13. CALIFORNIA WATER DISTRICTS [34000 - 38501] ( Division 13 added by Stats. 1951, Ch. 390. ) ## PART 9. REPEALS [38500 - 38501] ( Part 9 added by Stats. 1951, Ch. 390. ) ## 38501. The repeal effected by this part shall not be construed to deprive any district or any person or other entity of any substantial right which would have existed or hereafter exist had such repeal not been effected. (Added by Stats. 1951, Ch. 390.)
  160. 386.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.6. Deference to Decisions by Local or Regional Agencies [380 - 387] ( Chapter 3.6 added by Stats. 1982, Ch. 867, Sec. 2. )

    Verify source ↗

    The board may approve a transfer-related change only if it finds no injury to legal water users, no unreasonable harm to fish, wildlife, or other instream beneficial uses, and no unreasonable effect on the area’s overall economy. A requester must pay a board-set fee covering the board’s reasonable evaluation and processing costs.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.6. Deference to Decisions by Local or Regional Agencies [380 - 387] ( Chapter 3.6 added by Stats. 1982, Ch. 867, Sec. 2. ) ## 386. The board may approve any change associated with a transfer pursuant to this chapter only if it finds that the change may be made without injuring any legal user of the water and without unreasonably affecting fish, wildlife, or other instream beneficial uses and does not unreasonably affect the overall economy of the area from which the water is being transferred. A petitioner requesting a change which is subject to this section shall pay to the board a fee which shall be in an amount determined by the board to cover the reasonable costs of the board in evaluating and processing the petition. (Added by Stats. 1982, Ch. 867, Sec. 2.)
  161. 387.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.6. Deference to Decisions by Local or Regional Agencies [380 - 387] ( Chapter 3.6 added by Stats. 1982, Ch. 867, Sec. 2. )

    Verify source ↗

    A water transfer agreement under this chapter cannot run longer than seven years unless the agency and the transferee both agree to a longer period.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.6. Deference to Decisions by Local or Regional Agencies [380 - 387] ( Chapter 3.6 added by Stats. 1982, Ch. 867, Sec. 2. ) ## 387. Any agreement for the transfer of water under the provisions of this chapter shall be for a period not to exceed seven years unless a longer period of time is mutually agreed upon by the agency and the transferee. (Amended by Stats. 1986, Ch. 364, Sec. 1.)
  162. 389.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.7. Water Standby and Availability Charges [389- 389.] ( Chapter 3.7 added by Stats. 1992, Ch. 778, Sec. 1. )

    Verify source ↗

    This section says “water standby charge” and “water availability charge” mean the same thing.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.7. Water Standby and Availability Charges [389- 389.] ( Chapter 3.7 added by Stats. 1992, Ch. 778, Sec. 1. ) ## 389. (a) Notwithstanding any other provision of law, the term water standby charge and the term water availability charge have the same meaning. (b) Subdivision (a) does not constitute a change in, but is declaratory of, existing law. (Added by Stats. 1992, Ch. 778, Sec. 1. Effective September 21, 1992.)
  163. 390.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.8. Cost-of-Service Analysis [390 - 390.1] ( Chapter 3.8 added by Stats. 2023, Ch. 542, Sec. 1. )

    Verify source ↗

    This section defines key terms for chapter 3.8 and allows a public entity, in one case, to report costs by customer class, rate classification, or cumulatively.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.8. Cost-of-Service Analysis [390 - 390.1] ( Chapter 3.8 added by Stats. 2023, Ch. 542, Sec. 1. ) ## 390. For purposes of this chapter, the following terms have the following meanings: (a) “Costs of water service for the highest users” means the difference in costs, including applicable capital costs and operation and maintenance costs, that the public entity incurs directly, or by contract, as a result of the increased water service required by its high water users. “Costs of water service for the highest users” may be reported by customer class, rate classification, or cumulatively, and may include any of the following: (1) Conservation best management practices, conservation education, irrigation controls and other conservation devices, and other demand management measures. (2) Water system retrofitting, dual plumbing and facilities for production, distribution, and all uses of recycled water and other alternative water supplies. (3) Projects and programs for the prevention, control, or treatment of the runoff of water from irrigation and other outdoor water uses. Incremental costs do not include the costs of stormwater management systems and programs. (4) Securing dry year water supplies. (5) Procuring water supplies, including supply or capacity contracts for water supply rights or entitlements. (6) Energy costs for water delivery. (b) “High water users” means the top 10 percent of water, in terms of volume of water consumed. Alternatively, for a public entity that has allocation-based conservation water pricing pursuant to Section 372, the public entity may define high water users as those customers whose water use is above the water budget assigned to them by that public entity. (c) “Public entity” means a city, whether general law or chartered, county, city and county, special district, agency, authority, any other municipal public corporation or district, or any other political subdivision of the state that provides retail water service and that is an urban water supplier, as defined in Section 10617. (d) “Water usage demand analysis” means an analysis conducted to determine water usage patterns and demands placed on a water system operated by a public entity. (Added by Stats. 2023, Ch. 542, Sec. 1. (AB 755) Effective January 1, 2024.)
  164. 390.1.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.8. Cost-of-Service Analysis [390 - 390.1] ( Chapter 3.8 added by Stats. 2023, Ch. 542, Sec. 1. )

    Verify source ↗

    A public entity must do a water usage demand analysis before or as part of a cost-of-service analysis for water service fees and charges, identify certain water-service cost and usage figures, and post that information publicly in the analysis.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 3.8. Cost-of-Service Analysis [390 - 390.1] ( Chapter 3.8 added by Stats. 2023, Ch. 542, Sec. 1. ) ## 390.1. (a) A public entity shall conduct a water usage demand analysis prior to completing, or as a part of, a cost-of-service analysis conducted to set fees and charges for water service that are consistent with Section 6 of Article XIII D of the California Constitution and other applicable law. Within the water usage demand analysis, a public entity shall identify both of the following: (1) The costs of water service for the highest users incurred by the public entity. (2) The average annual volume of water delivered to high water users. (b) The costs of water service and the average annual volume identified in paragraphs (1) and (2) of subdivision (a) shall be made publicly available by posting the information in the public entity’s cost-of-service analysis. (Added by Stats. 2023, Ch. 542, Sec. 1. (AB 755) Effective January 1, 2024.)
  165. 39000.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 1. Short Title [39000- 39000.] ( Chapter 1 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    This division is known and may be cited as the California Water Storage District Law.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 1. Short Title [39000- 39000.] ( Chapter 1 added by Stats. 1951, Ch. 391. ) ## 39000. This division shall be known and may be cited as the California Water Storage District Law. (Added by Stats. 1951, Ch. 391.)
  166. 39010.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    This chapter controls how this division is interpreted unless the context requires otherwise.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39010. Unless the context otherwise requires, the provisions of this chapter shall govern the construction of this division. (Added by Stats. 1951, Ch. 391.)
  167. 39011.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    A defined word is treated as including its variants.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39011. The definition of a word applies to any of its variants. (Added by Stats. 1951, Ch. 391.)
  168. 39012.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    “District” means any water storage district formed under the California Water Storage District Act or this division.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39012. “District” means any water storage district formed pursuant to the California Water Storage District Act or this division. (Added by Stats. 1951, Ch. 391.)
  169. 39013.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    This section defines “include” to generally not exclude unlisted matters, except when the term is used about including land into a district.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39013. “Include,” except when used in relation to the inclusion of land into a district, does not necessarily exclude matters not enumerated. (Added by Stats. 1951, Ch. 391.)
  170. 39014.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    This section defines “land” for this chapter as land in the district or proposed district involved, except in Chapter 2 of Part 10.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39014. “Land,” except in Chapter 2 of Part 10, means land in the district or proposed district involved. (Added by Stats. 1951, Ch. 391.)
  171. 39015.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    “Affected county” means any county where land is located.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39015. “Affected county” means any county in which land is situated. (Added by Stats. 1951, Ch. 391.)
  172. 39016.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    “Board” means the board of directors of a district.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39016. “Board” means the board of directors of a district. (Added by Stats. 1951, Ch. 391.)
  173. 39017.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    “President” means the president of the board.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39017. “President” means the president of the board. (Added by Stats. 1951, Ch. 391.)
  174. 39018.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    This section defines “Secretary” as the secretary of the board.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39018. “Secretary” means the secretary of the board. (Added by Stats. 1951, Ch. 391.)
  175. 39019.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    In this section, “Treasurer” means the treasurer of a district.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39019. “Treasurer” means the treasurer of a district. (Added by Stats. 1951, Ch. 391.)
  176. 39020.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    This section defines “holder of title” to include a holder of evidence of title and a holder of land with a possessory right acquired by entry or purchase from the United States or California.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39020. “Holder of title” includes a holder of evidence of title and, also, a holder of land under a possessory right acquired by entry or purchase from the United States or the State of California. (Added by Stats. 1951, Ch. 391.)
  177. 39021.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    This section defines “property” for this chapter, generally covering all real and personal property, including water rights and related interests, except in Part 9.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39021. “Property,” except in Part 9, embraces all real and personal property, including water, water rights, works, franchises, concessions and rights. (Added by Stats. 1951, Ch. 391.)
  178. 39022.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    “Works” means a broad set of water infrastructure items, including water works, conduits, reservoirs, wells, pumps, dams, tunnels, hydrants, meters, and related appurtenances.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39022. “Works” includes water works, conduits, reservoirs, storage sites, water sheds, machinery, wells, pumps, dams, storage tanks, tunnels, hydrants, meters, other appliances, and their appurtenances. (Added by Stats. 1951, Ch. 391.)
  179. 39023.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    This section defines “conduit” to include canals, laterals, ditches, flumes, pipes, and their appurtenances.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39023. “Conduit” includes canals, laterals, ditches, flumes, pipes, and their appurtenances. (Added by Stats. 1951, Ch. 391.)
  180. 39024.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    “Acquire” includes constructing, purchasing, leasing, exchanging, condemning, jointly acquiring when permitted, and contracting to acquire.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39024. “Acquire” includes construct, purchase, lease, exchange, condemn, jointly acquire when joint acquisition is permitted, and contract to acquire. (Added by Stats. 1951, Ch. 391.)
  181. 39025.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    This section defines “dispose” to include selling, leasing by contract, agreeing to sell, and making any needed instrument.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39025. “Dispose” includes sell, contract to lease, contract to sell, and the making of any instrument necessary therefor. (Added by Stats. 1951, Ch. 391.)
  182. 39026.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    This section defines “operate” to include use, maintenance, and repair.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39026. “Operate” includes use, maintain, and repair. (Added by Stats. 1951, Ch. 391.)
  183. 39027.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    This section defines “general election” as the election that must be held in districts in each odd-numbered year.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39027. “General election” is the election required to be held in districts in each odd-numbered year. (Added by Stats. 1951, Ch. 391.)
  184. 39028.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

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    “Special election” means any election other than a general election.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39028. “Special election” means any election other than a general election. (Added by Stats. 1951, Ch. 391.)
  185. 39030.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

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    “Acknowledged” means acknowledged and certified in the same form and manner required for recording conveyances of real property.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39030. “Acknowledged” means acknowledged and certified in the same form and manner as is required for recording of conveyances of real property. (Added by Stats. 1951, Ch. 391.)
  186. 39031.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

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    “Office county” means the county where the district office is kept.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39031. “Office county” means the county in which the office of the district is kept. (Added by Stats. 1951, Ch. 391.)
  187. 39033.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

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    “Other district” means any district or other public agency formed under any law of the state.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39033. “Other district” means any district or other public agency formed under any law of the state. (Amended by Stats. 1965, Ch. 756.)
  188. 39034.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

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    This section defines “principal county” as the county where most of a district’s land is located.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39034. “Principal county” means the county in which the greater portion of the land of a district is located. (Added by Stats. 1999, Ch. 779, Sec. 8. Effective October 10, 1999.)
  189. 39035.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 2. Definitions [39010 - 39035] ( Chapter 2 added by Stats. 1951, Ch. 391. ) ## 39035. “Board of supervisors” means the board of supervisors of the principal county. (Added by Stats. 1999, Ch. 779, Sec. 9. Effective October 10, 1999.)
  190. 39050.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    For petitions and voting, and when land ownership or value is in question, the listed county assessment roll or election roll counts as sufficient evidence.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. ) ## 39050. For all purposes of this division relating to signing petitions and voting at any election, and for all other purposes when the question of title to or value of land claimed to be owned by a petitioner or voter is involved, the most recent county assessment roll in each affected county, or the last final election roll prepared in accordance with Section 41027 if the board elects to follow the procedure provided in Chapter 1.5 (commencing with Section 41025) of Part 4, shall be sufficient evidence of ownership and value. (Amended by Stats. 1990, Ch. 1593, Sec. 1.6. Effective September 30, 1990.)
  191. 39051.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. )

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    If land is assessed to unknown, fictitious, or unnamed owners, the parcel is treated as having one owner plus any true owners listed on the assessment roll.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. ) ## 39051. If any parcel of land is assessed on any assessment roll to unknown or fictitiously named owners or to unnamed owners in addition to any owners named thereon, the parcel of land shall be deemed for any of the purposes of this division to have but one owner in addition to the owners whose true names may be purported to be given on the assessment roll. (Added by Stats. 1951, Ch. 391.)
  192. 39052.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. )

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    A holder of title to an undivided interest in affected land may sign petitions or vote in elections under this division, and the interest is treated as a separate interest for counting and valuation.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. ) ## 39052. The holder of title to an undivided interest in land affected by any of the provisions of this division may sign any petition or vote at any election provided for in this division, and such undivided interest shall be counted and valued as though it were a separate interest. (Added by Stats. 1951, Ch. 391.)
  193. 39053.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. )

    Verify source ↗

    If an assessment roll does not show the extent of an undivided interest, holders of title with undefined undivided interests are deemed to have equal shares.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. ) ## 39053. If the assessment roll fails to indicate the extent of any undivided interest the holders of title whose undivided interests in any land are not specifically defined shall be deemed to have equal shares. (Added by Stats. 1951, Ch. 391.)
  194. 39054.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. )

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    A specified certificate is sufficient evidence of possessory right in land entered under United States or state law.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. ) ## 39054. The certificate of the register of the United States Land Office for the district in which the land is situated, or of the State Lands Commission, is sufficient evidence of possessory right in any land entered under the laws of the United States or of this State. (Added by Stats. 1951, Ch. 391.)
  195. 39055.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. )

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    Certain court-appointed guardians, conservators, personal representatives, and similar trust holders may sign petitions and vote for the estate they represent without special authority.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. ) ## 39055. Guardians, conservators, personal representatives, and other persons holding land in a trust capacity under appointment of court may sign any petition and may vote at any election in behalf of the estate represented by them without obtaining special authority. (Amended by Stats. 1979, Ch. 730.)
  196. 39056.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. )

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    A notarized acknowledgment or certain affidavit is enough evidence that a petitioner’s signature is genuine and that the petitioner lives where stated.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. ) ## 39056. A certificate of acknowledgment taken before a notary public or justice of the peace of any state, or an affidavit by any person in the presence of whom a petition was signed, is sufficient evidence of the genuineness of the signature and of the fact of place of residence of any petitioner under this division. (Added by Stats. 1951, Ch. 391.)
  197. 39057.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. )

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    When the division requires a notice or publication, it must be published once a week for two successive weeks in a newspaper of general circulation in each affected county, unless another rule applies.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. ) ## 39057. Whenever any notice or publication, or notice of publication, or official advertising, or publication of process is required to be given or made by the provisions of this division, unless otherwise specifically provided, it shall be given or made once a week for two successive weeks in a newspaper of general circulation, printed and published in each affected county, and if in any such county there be no such newspaper then in a newspaper printed and published in an adjoining county. (Added by Stats. 1951, Ch. 391.)
  198. 39058.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. )

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    For certain land, the guardian, conservator, executor, or administrator is treated as the title holder and may sign petitions or protests and vote in district elections without a court order.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. ) ## 39058. As to any land belonging to a person under guardianship or conservatorship or comprised in the undistributed estate of a decedent, the guardian or conservator of such person or executor or administrator of such estate shall be deemed the holder of title for the purpose of representing the same in all proceedings under this division, and has the right to sign all petitions or protests provided for in this division, and to vote at all district elections, without any order of court authorizing him so to do. (Amended by Stats. 1979, Ch. 730.)
  199. 39059.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. )

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    The department and board are given police and regulatory powers.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. ) ## 39059. The powers herein conferred upon the department and board are police and regulatory powers and are necessary to the accomplishment of a purpose that is indispensable to the public interest. (Amended by Stats. 1992, Ch. 1020, Sec. 44. Effective January 1, 1993.)
  200. 39060.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. )

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    Districts formed under this division are treated as irrigation, reclamation, or drainage districts for the matters covered by the California Constitution provisions on those subjects.

    ## Water Code - WAT ## DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401] ( Division 14 added by Stats. 1951, Ch. 391. ) ## PART 1. INTRODUCTORY PROVISIONS [39000 - 39082] ( Part 1 added by Stats. 1951, Ch. 391. ) ## CHAPTER 3. General Provisions [39050 - 39060] ( Chapter 3 added by Stats. 1951, Ch. 391. ) ## 39060. The districts formed pursuant to this division are districts of the nature of irrigation, reclamation, or drainage districts in respect to all matters contemplated in the provisions of the Constitution of the State of California relating to irrigation, reclamation, or drainage. (Added by Stats. 1951, Ch. 391.)

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