Water Code, 1943

If a called assessment payment is no longer needed because the bonds were refunded, canceled, or 90% of bondholders agreed to a refunding or cancellation plan, the board must cancel the call by resolution to the extent it is not required.

A certified copy of the resolution must be filed with the county treasurer, who must make the record entry showing the call was cancelled.

Cancelling a call under this article does not reduce the assessment on any parcel.

If a landowner already paid a canceled call, the county treasurer must refund the unused amount on demand, or hold it as a credit for future assessment calls if no demand is made.

This article applies to certain bonds, delinquency sales, and parcels purchased by a county treasurer as trustee for the district.

If the assessment commissioners have been appointed and the assessment is partly or fully completed but not yet approved by the supervisors, and the board finds the assessment will not raise enough money, the board may cancel the proceedings, ask the board of supervisors for a new report and estimate, and appoint commissioners again.

An assessment made by mistake or clerical error may be refunded if the board orders it, and this can happen after payment.

If an assessment installment is later ruled invalid, the county treasurer may credit prior payments and must refund the invalid installment on demand.

If a parcel was sold by the county treasurer for nonpayment of an assessment installment and the assessment is later invalidated, the court may set aside the sale-related proceedings and cancel the sale certificate and deed.

If a parcel in a district is divided, the board must reapportion the assessment after a written application from the landowners. If a parcel is subdivided for sale, the subdivider must apply in writing, the board must reapportion the assessment, and the subdivider must pay the reapportionment expense.

If all landowners sign the reapportionment application, the reapportionment becomes final when the minute order is entered.

If a reapportionment application is not signed by all landowners in the divided parcel, the board must file a list of assessed charges with the board of supervisors’ clerk, and the board of supervisors must approve the reapportionment.

If a parcel with an assessment is divided or subdivided and no reapportionment application was filed, the district secretary may reapportion the assessment among the smaller parcels and must give written notice to the owners.

Before approving any reapportionment, the board must require that each resulting parcel have suitable access in and out.

If an assessment on a parcel has been reapportioned, the board must record or endorse the change on the assessment list and file notice of the changes with the county treasurer.

The section states California’s policy to put available water to beneficial use, prevent waste and unreasonable use, and determine water quantities in use across the state as far as reasonably possible.

This section says the part creates groundwater reporting requirements.

This section defines terms used in this part of the Water Code.

Certain groundwater extractors must file an annual extraction report with the board by February 1, unless an exception applies.

A groundwater extraction report must be prepared on a board-provided form and include specified information about the extractor, the basin, the extraction site, facility capacity, monthly extraction records, use, and other required details.

If someone fails to file a report required by this part, the board may investigate and determine the required information at that person’s expense. The board must give notice and allow 60 days to file the report without penalty.

A report under this part, or a board determination of facts under Section 5105, cannot be used as evidence of a right to divert or use water.

Personal information in a groundwater extraction report must receive the same disclosure protection as utility-customer information of local agencies under Government Code Section 7927.410.

A person who must file this report does not get the related groundwater-extraction right, and limitations do not run in their favor, until the report is filed.

This section says Section 5107 applies to certain reports or measuring devices required under this part, and treats related groundwater-extraction reports, measuring devices, or misstatements as equivalent to the corresponding items under Part 5.1.

Groundwater extraction reports for a board-designated local area must be sent to the designated entity when the stated conditions are met.

The Legislature states that water metering and volumetric pricing are important tools to reduce waste and encourage conservation, and that this chapter is meant to override conflicting local laws while allowing stricter local requirements.

In this chapter, “bonds” includes both bonds and refunding bonds unless the text says otherwise.

Bonds must have denominations of at least $100 and no more than $1,000 each.

Bonds must be signed by the president and attested by the county auditor of the principal county.

Bonds must be numbered consecutively in the order of their maturity.

Bonds may not bear interest above 8% per year, and interest is payable twice a year in January and July at the county treasurer’s office when proper coupons are presented.

Interest coupons must be attached to the bonds and bear the facsimile signature of the county auditor of the principal county.

The principal of bonds must be payable on July 1 or January 1 in the years the board prescribes.

An action to determine the validity of bonds may be brought under the referenced civil procedure chapter.

The county treasurer must publish notice of the sale of bonds in a newspaper of general circulation in the principal county, at least once a week for two weeks before the sale.

The notice must say the county treasurer will sell a specified amount of bonds at the stated time and place, and it must invite sealed proposals to buy the bonds or part of them.

At the stated sale time, the county treasurer must open the bids and award the bonds to the highest responsible bidder.

The sale date for refunding bonds must be set at least 95 days before the maturity date of the principal being refunded.

The county treasurer may reject any and all bids, and must do so if a majority of the board makes a written request.

A record of the bond sale must be made on the county treasurer’s books.

The board may decide, before bonds are sold, that the bonds can be called at face value plus accrued interest on any interest payment date, with an optional premium set by the board.

The board may, at least 120 days before an interest payment date and by a two-thirds vote, order callable bonds paid on that interest payment date.

Bonds of a maturity may be called in inverse numerical order or by lot; if called by lot, the board must determine the bonds by drawing.

An order calling bonds must identify the bonds to be called by number, maturity, or another designation the board provides.

A certified copy of the order must be delivered to the county treasurer.

The county treasurer must add the principal of bonds called for redemption, plus any call premium, to the amount collected for the next bond payment.

The county treasurer must state in the notice of call of assessment how much is included for bond principal, interest, and premium.

The county treasurer must publish a notice of bond calls in a newspaper of general circulation in the principal county.

A notice calling bonds must refer to the board’s order, tell bondholders to present the bonds for payment on the specified date, and state that interest stops when payment funds are received by the county treasurer.

If callable bonds have a premium, the board must issue warrants to the county treasurer for the premium amount, funded by the required additional or supplemental assessment.

Money from assessments tied to issued bonds must be credited to the district’s bond fund, unless Section 51644 provides otherwise.