Water Code — Part 35 | WAT — United States — California law | Esheria

Water Code

Part 35 of 51 · provisions 6,801–7,000

This section says the act is called the Water Code.

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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. 55650.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    Zones may be established within a district for specified financing and water or sewage-related purposes.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55650. Zones may be established within a district for any of the following purposes: (a) Incurring a bonded indebtedness within the zone sufficient to pay the cost of constructing a water system and any other necessary improvements incidental thereto for the purpose of supplying the inhabitants of the zone with water, where the water system and the improvements, in the judgment of the board, will not be of district-wide benefit, and levying a special tax within the zone for the payment of the principal and interest on the bonds. (b) Fixing and collecting special rates or charges for the use and supply of water furnished by the system of the district within the zone, and applying the receipts from the special rates or charges to the expense of constructing a water system, replacing a water system, acquiring an existing water system, or extending or enlarging the mains of an existing water system, where, in the judgment of the board, the improvement will not be of district-wide benefit. (c) Incurring a bonded indebtedness and levying a special tax within the zone for payment of the principal and interest on the bonds or fixing and collecting special rates or charges to finance the construction, maintenance, and operation of sewage collection and treatment facilities and disposal of effluent therefrom, where, in the judgment of the board, the improvement will not be of district-wide benefit. (Amended by Stats. 1965, Ch. 394.)
  2. 55651.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    A zone in the district may be started either by a petition meeting the stated support thresholds or by a board resolution. If bonds are proposed, the resolution must state the debt amount, maximum maturity date, and maximum interest rate.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55651. Zones may be established within the district by either of the following methods: (1) A petition for the formation of a zone within a district may be presented to the board, signed by owners representing at least 25 percent of the total assessed valuation of the real property within the proposed zone as shown by the last equalized assessment roll of the county, or by not less than 25 percent of the taxpayers residing within the proposed zone. (2) A resolution may be adopted by the board containing the matters required by Section 55652. If bonds are proposed to be issued under the authority of Section 55677, the resolution shall state the amount of the proposed indebtedness, the maximum maturity date, and the maximum interest rate. (Amended by Stats. 1967, Ch. 365.)
  3. 55652.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    A petition for a proposed zone must include the zone boundaries, a general description of the improvement, and an estimate of costs and incidental expenses.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55652. The petition shall contain: (a) The boundaries of the proposed zone. (b) A general description of the improvement desired. (c) An estimate of the cost of the proposed improvement and of the incidental expenses in connection therewith. (d) Either: (1) A request that an election be called in the proposed zone for the purpose of submitting to the qualified voters thereof the proposition of establishing the zone and incurring a bonded indebtedness therein, the principal and interest of which shall be paid by special taxes levied on the taxable property in the zone, to pay the cost and expense of the proposed improvement; or (2) A request that an election be called in the proposed zone for the purpose of submitting to the qualified voters thereof the proposition of establishing the zone and fixing and collecting special rates or charges therein for the use and supply of water and applying the receipts therefrom to the cost and expense of the proposed improvement. If the petition contains such a request, it shall specify the maximum rate or charge permissible and the length of time during which the special rates or charges may be made. (Added by Stats. 1953, Ch. 155.)
  4. 55653.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    A petition must be accompanied by a map and a general description of the proposed improvement.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55653. The petition shall be accompanied by a map showing the exterior boundaries of the district and of the proposed zone and containing a general description of the proposed improvement. (Added by Stats. 1953, Ch. 155.)
  5. 55654.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    If a petition omits matters listed in Sections 55651 and 55652, that omission does not make the zone’s establishment illegal if the zone is later established.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55654. The failure of the petition to contain any of the matters specified in Sections 55651 and 55652 shall not affect the legality of the establishment of the zone if it is thereafter established. (Added by Stats. 1953, Ch. 155.)
  6. 55655.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    The board must set a hearing time for a petition after it is presented at a regular board meeting.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55655. The petition shall be presented at a regular meeting of the board, and the board shall thereupon set a time for hearing the petition, which time shall be not less than 21 days nor more than 30 days after the date of presentation of the petition. (Added by Stats. 1953, Ch. 155.)
  7. 55656.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    The clerk of the board must publish notice of the petition filing and hearing in the county.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55656. Notice of the filing and hearing of the petition shall be given by the clerk of the board by publishing in the county pursuant to Section 6066 of the Government Code a notice containing a copy of the petition, stating when the petition was filed, and specifying the time set for the hearing of the petition and protests of interested parties. (Amended by Stats. 1957, Ch. 357.)
  8. 55657.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    The clerk must arrange for a notice, similar in substance, to be posted in three of the most public places within the proposed zone.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55657. The clerk shall also cause a notice, similar in substance, to be posted in three of the most public places within the proposed zone. (Added by Stats. 1953, Ch. 155.)
  9. 55658.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    The hearing date must be set at least 13 days after both the posting date and the last publication date of the notice.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55658. The date set for the hearing shall be at least 13 days after the date of the posting and the date of last publication of the notice. (Added by Stats. 1953, Ch. 155.)
  10. 55659.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    A petition copy must be filed before the board hearing, and the county or district engineer must prepare and file a report before that hearing.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55659. A copy of the petition shall be filed with the county engineer of waterworks districts, or district engineer if one has been appointed, at least two weeks before the petition is presented to the board. The county engineer of waterworks districts or district engineer, as the case may be, shall prepare and file with the board, at least one week before the date set for the hearing on the petition, a report containing cost estimates and preliminary plans and specifications for the proposed improvements, together with any recommendations as to the boundaries of the proposed zone, and any other pertinent information relating to the feasibility of the proposed improvements or proposed zone. The engineer’s report shall be available in the office of the board for public inspection, and may be considered by the board at the hearing on the petition. (Amended by Stats. 1971, Ch. 674.)
  11. 55660.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    At the hearing time, the board must hear and decide the petition and any written protests filed with the clerk on time. The board’s decision is final and conclusive.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55660. At the time fixed for the hearing, the board shall hear and pass upon the petition and any protests in writing that have been filed with the clerk before or at the time set for the hearing, and its decision thereon shall be final and conclusive. (Added by Stats. 1953, Ch. 155.)
  12. 55661.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    If the board finds the proposed improvement will benefit the whole district, the proceedings end and the proposed zone cannot be established.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55661. If the board determines that the proposed improvement will be of district-wide benefit, the proceedings shall terminate, and the proposed zone shall not be established. (Added by Stats. 1953, Ch. 155.)
  13. 55662.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    If the board finds the proposed improvement is not of district-wide benefit, it may change the proposed zone boundaries, but it must define the boundaries and may not exclude benefited territory or include territory it thinks will not be benefited.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55662. If the board determines that the proposed improvement will not be of district-wide benefit, the board may make such changes in the boundaries of the proposed zone as may be deemed advisable and shall define and establish the boundaries, but shall not modify the boundaries so as to exclude from the proposed zone any territory which will be benefited by the improvement, nor to include in the proposed zone any territory which, in its judgment, will not be benefited by the proposed improvement. (Added by Stats. 1953, Ch. 155.)
  14. 55663.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    The board may not change district boundaries unless it first gives the required public notice and sets a hearing on objections at least 10 days after the notice is published.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55663. The board shall not modify the boundaries except after notice of its intention has been published pursuant to Section 6061 of the Government Code in a newspaper of general circulation printed and published in the county and designated by the board for that purpose, describing the proposed modification, and specifying a time for hearing objections to the modification, which time shall be at least 10 days after the publication of the notice. (Amended by Stats. 1957, Ch. 357.)
  15. 55664.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    An interested person may file written objections with the clerk of the board before the hearing time set for those objections.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55664. Written objections to the proposed modification may be filed with the clerk of the board by any interested person at or before the time set for hearing the objections. (Added by Stats. 1953, Ch. 155.)
  16. 55665.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    The board must hear and decide objections at the appointed hearing time or any adjourned time.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55665. The board shall hear and pass upon the objections at the time appointed, or at any time to which the hearing may be adjourned, and its decision thereon shall be final and conclusive. (Added by Stats. 1953, Ch. 155.)
  17. 55666.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    If objections are sustained, no further proceedings on the petition may be taken, but a new petition for the same or a similar purpose may be filed at any time.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55666. If the objections, or any of them, be sustained, no further proceedings pursuant to the petition shall be taken, but a new petition for the same or a similar purpose may be filed at any time. (Added by Stats. 1953, Ch. 155.)
  18. 55667.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    The board may proceed once protests are not filed, are denied after hearing, or boundary modifications are authorized and finalized.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55667. If no protests are filed, or if all protests filed are heard and denied, or if authorized modifications are made in the boundaries of the proposed zone and the boundaries are finally established, the board shall have jurisdiction to proceed. (Added by Stats. 1953, Ch. 155.)
  19. 55668.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

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    If the board finds the petition has enough support, it may declare that no election is needed and establish the zone.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55668. If the board determines that the petition is signed by owners representing at least 60 percent of the total assessed valuation of the real property within the proposed zone as shown by the last equalized assessment roll of the county, or by at least 60 percent of the taxpayers resident within the proposed zone, as its boundaries shall have been established upon the hearing on the petition, the board may by resolution reciting the finding declare that an election is unnecessary and that the zone is established. (Added by Stats. 1953, Ch. 155.)
  20. 55668.5.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    The board may levy a tax rate in a zone without an election to pay interest and redemption charges on certain bonded indebtedness, if a valid petition is presented.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55668.5. Notwithstanding Chapter 3 (commencing with Section 2201) of Part 4 of Division 1 of the Revenue and Taxation code, or any other provisions of law to the contrary, the board may levy, without an election, a tax rate within a zone to pay the cost of interest and redemption charges on bonded indebtedness incurred prior to July 1, 1974, where a valid petition is presented pursuant to Section 55668. This section shall only apply the Ventura County Waterworks District No. 1. It is hereby declared to be necessary to enact this special law with respect to such district because of special facts and circumstances existing therein: It has recently been discovered that due to the lowering of the water table, ranchers in certain areas of Ventura County are threatened with drought and a loss of crops. In order to expedite the provision of water to the areas, the landowners in the areas petitioned for annexation to Ventura County Waterworks District No. 1, for the formation of improvement zones, and for authorization of bonded indebtedness. Registered voters and owners of land approved such actions, and the Board of Supervisors of Ventura County approves. In order to insure, however, that the bonds may be immediately sold without the requirement of an election, it is necessary to exempt the district from the provisions of Chapter 3 (commencing with Section 2201) of Part 4 of Division 1 of the Revenue and Taxation Code with respect to such bonded indebtedness. Thus, this special law is necessary in order to permit bonds to be sold and water to be provided to the affected areas in time to avoid severe crop losses in the area. (Amended by Stats. 1974, Ch. 63.)
  21. 55669.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    The board may issue zone bonds, fix and collect special rates or charges, and proceed with the proposed improvement.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55669. The board shall thereupon be authorized to issue bonds of the zone, to fix and collect special rates or charges, as prayed for in the petition, and proceed with the proposed improvement. (Added by Stats. 1953, Ch. 155.)
  22. 55670.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    If the petition is supported by too few owners or taxpayers, or the board otherwise thinks an election is advisable, the board must order a special election in the proposed zone.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55670. If the petition for formation of the zone is signed by owners representing less than 60 percent of the total assessed valuation of the real property within the proposed zone as shown by the last equalized assessment roll of the county, and by less than 60 percent of the taxpayers resident within the proposed zone, as its boundaries shall have been established upon the hearing on the petition, or if for any other reason the board deems it advisable to conduct an election, the board shall by resolution order that a special election be held in the proposed zone to determine whether or not the zone shall be established. (Added by Stats. 1953, Ch. 155.)
  23. 55671.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    The board must appoint three qualified electors who reside in the proposed zone to conduct the election.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55671. The board shall appoint three qualified electors residing in the proposed zone to conduct the election. (Added by Stats. 1953, Ch. 155.)
  24. 55672.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    The election must be called by posting notices in three of the most public places in the proposed zone and by publishing a notice in the county.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55672. The election shall be called by posting in three of the most public places in the proposed zone, and by publishing in the county pursuant to Section 6066 of the Government Code, a notice specifying the time, place and purposes of the election, and giving the purposes and boundaries of the proposed zone. (Amended by Stats. 1957, Ch. 357.)
  25. 55673.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    The election date must be at least 13 days after posting and the last publication of the notice, and no other election notice is required.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55673. The date set for the election shall be at least 13 days after the date of the posting and the date of last publication of the notice. No other notice of the election need be given. (Added by Stats. 1953, Ch. 155.)
  26. 55674.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    The election must be conducted under this State’s general election laws, when those laws apply.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55674. The election shall be conducted in accordance with the general election laws of this State, where applicable. (Added by Stats. 1953, Ch. 155.)
  27. 55675.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    A submitted proposition must follow the petition and use one of two prescribed ballot forms for a proposed zone.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55675. The proposition submitted shall be in accordance with the petition and shall be either: (a) “Shall the proposed zone described in the resolution of the board of ________ adopted on the ________ day of ________, 19___, be established within County Waterworks District No. ___, and shall the zone incur a bonded indebtedness in the sum of ________ dollars ($________) for the purpose of (stating the purpose for which the amount so raised is to be used)?” or (b) “Shall the proposed zone described in the resolution of the board of ________ adopted on the ___ day of ________, 19___, be established within County Waterworks District No. ____, and shall special rates or charges for (the use and supply of water or sewage facilities, as the case may be), not to exceed ________, be fixed and collected in the zone for the period of time not to exceed ________, to pay the cost and expense of (describing generally the proposed improvement)?” (Amended by Stats. 1965, Ch. 394.)
  28. 55676.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    If 60% of votes support the zone and the related bonded indebtedness or special charges, the board must establish the zone by resolution.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55676. If 60 percent of the votes cast at the election are in favor of the zone, and of incurring the bonded indebtedness, or fixing and collecting the special rates or charges, as the case may be, the board shall by resolution establish the zone. (Added by Stats. 1953, Ch. 155.)
  29. 55677.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    After a zone is established, the board may issue zone bonds, fix and collect special rates and charges, and carry out the proposed improvement, subject to what was voted on at the election.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55677. Upon the establishment of the zone the board shall be authorized and empowered to issue bonds of the zone, or to fix and collect special rates and charges, as voted on at the election, and to proceed with the proposed improvement. (Added by Stats. 1953, Ch. 155.)
  30. 55678.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    For bonds authorized under this article, the division’s bond and tax provisions apply, but taxes to pay bond interest and principal must be levied only on taxable property within the zone.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55678. The provisions in this division for the form, issuance, and sale of bonds, the levying and collecting of taxes for the payment thereof and of other matters relating to bonds of the district shall govern in the case of bonds authorized by proceedings under this article except that all taxes for payment of interest and principal on the bonds shall be levied solely upon the taxable property within the zone. (Added by Stats. 1953, Ch. 155.)
  31. 55679.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    The taxes and special rates or charges authorized by this article are additional to other taxes and charges under the division, and they must comply with Sections 55108, 55182, and 55702.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 2. Bonds [55520 - 55679] ( Chapter 2 added by Stats. 1953, Ch. 155. ) ## ARTICLE 6. Zones [55650 - 55679] ( Article 6 added by Stats. 1953, Ch. 155. ) ## 55679. The taxes and special rates or charges authorized by this article are in addition to all other taxes and rates or charges authorized by this division, and shall be subject to the provisions of Sections 55108, 55182, and 55702. (Added by Stats. 1953, Ch. 155.)
  32. 55700.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 3. Taxes [55700 - 55704] ( Chapter 3 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    The board of supervisors may levy a tax each year on taxable property in the district.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 3. Taxes [55700 - 55704] ( Chapter 3 added by Stats. 1953, Ch. 155. ) ## 55700. The board of supervisors may in any year levy a tax upon the taxable property in the district, sufficient to pay the cost and expenses of maintaining, operating, extending and repairing the waterworks of the district for the ensuing fiscal year. (Added by Stats. 1953, Ch. 155.)
  33. 55701.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 3. Taxes [55700 - 55704] ( Chapter 3 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    The board of supervisors must levy an annual tax on taxable property in the district to cover bond interest and principal due before the next general tax levy.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 3. Taxes [55700 - 55704] ( Chapter 3 added by Stats. 1953, Ch. 155. ) ## 55701. The board of supervisors shall levy a tax, each year, upon the taxable property in the district, sufficient to pay the interest on the bonds for that year authorized at the time of formation of the district, and that portion of the principal which is to become due before the time for making the next general tax levy. (Added by Stats. 1953, Ch. 155.)
  34. 55702.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 3. Taxes [55700 - 55704] ( Chapter 3 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    If the formation petition said taxes would be levied only on land in the district, then district taxes must be levied only on land in the district and its extensions or additions, not on other property.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 3. Taxes [55700 - 55704] ( Chapter 3 added by Stats. 1953, Ch. 155. ) ## 55702. Where the petition for formation contained a statement that taxes shall be levied only upon the land within the district, all taxes levied under the provisions of this division in a district shall be levied upon the land within the district, and in any extension or additions thereto, and upon no other property. (Added by Stats. 1953, Ch. 155.)
  35. 55703.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 3. Taxes [55700 - 55704] ( Chapter 3 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    If bond maturity starts more than a year after issuance, the tax must be levied and collected yearly to pay interest and build a sinking fund for principal.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 3. Taxes [55700 - 55704] ( Chapter 3 added by Stats. 1953, Ch. 155. ) ## 55703. If the maturity of the indebtedness created by the issue of the bonds is made to begin more than one year after the date of issue, the tax shall be levied and collected each year, sufficient to pay the interest on the indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal on or before maturity. (Added by Stats. 1953, Ch. 155.)
  36. 55704.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 3. Taxes [55700 - 55704] ( Chapter 3 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    Taxes under this chapter must be levied and collected in the same way as the general county tax levy, and the money must be paid into the county treasury for specified district uses.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 3. Taxes [55700 - 55704] ( Chapter 3 added by Stats. 1953, Ch. 155. ) ## 55704. All taxes pursuant to this chapter shall be levied and collected at the time and in the same manner as the general tax levy for county purposes, and when collected shall be paid into the county treasury to be used for the payment of the principal and interest on bonds, or paid into the county treasury to the credit of the proper fund of the district. (Added by Stats. 1953, Ch. 155.)
  37. 55720.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 4. Claims [55720- 55720.] ( Chapter 4 added by Stats. 1959, Ch. 1727. )

    Verify source ↗

    Claims for money or damages against the district are handled under specified Government Code claim procedures, unless those provisions or other applicable statutes or regulations say otherwise.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 4. FINANCIAL PROVISIONS [55500 - 55720] ( Part 4 added by Stats. 1953, Ch. 155. ) ## CHAPTER 4. Claims [55720- 55720.] ( Chapter 4 added by Stats. 1959, Ch. 1727. ) ## 55720. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Amended by Stats. 1963, Ch. 1715.)
  38. 55800.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 5. CHANGES IN ORGANIZATION [55800 - 55801] ( Part 5 (1st of two) added by Stats. 1953, Ch. 155. ) ## CHAPTER 1. Inclusion Generally [55800 - 55801] ( Chapter 1 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    A county area meeting the described conditions may be added to a district.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 5. CHANGES IN ORGANIZATION [55800 - 55801] ( Part 5 (1st of two) added by Stats. 1953, Ch. 155. ) ## CHAPTER 1. Inclusion Generally [55800 - 55801] ( Chapter 1 added by Stats. 1953, Ch. 155. ) ## 55800. Any portion or portions of a county containing unincorporated territory, or containing the whole or any portion of one or more incorporated cities, and not included in a district, may be added to any district as prescribed in this chapter. (Added by Stats. 1953, Ch. 155.)
  39. 55801.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 5. CHANGES IN ORGANIZATION [55800 - 55801] ( Part 5 (1st of two) added by Stats. 1953, Ch. 155. ) ## CHAPTER 1. Inclusion Generally [55800 - 55801] ( Chapter 1 added by Stats. 1953, Ch. 155. )

    Verify source ↗

    Noncontiguous territory in the same county may be annexed to the district if the board finds the annexation would make the district more efficient and economical; parcels under 10 acres may not be annexed.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 5. CHANGES IN ORGANIZATION [55800 - 55801] ( Part 5 (1st of two) added by Stats. 1953, Ch. 155. ) ## CHAPTER 1. Inclusion Generally [55800 - 55801] ( Chapter 1 added by Stats. 1953, Ch. 155. ) ## 55801. Territory within the same county but not contiguous with the district may be annexed to the district if the board determines that the district resulting from the annexation may be more efficiently and economically operated than if a separate district were formed. No parcel of noncontiguous territory which contains less than 10 acres may be annexed to any district. (Amended by Stats. 1959, Ch. 33.)
  40. 55990.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 6. REPEALS [55990 - 55991] ( Heading of Part 6 renumbered from Part 5 (2nd of two) by Stats. 1957, Ch. 53. )

    Verify source ↗

    This section repeals Chapter 370 of the Statutes of 1913.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 6. REPEALS [55990 - 55991] ( Heading of Part 6 renumbered from Part 5 (2nd of two) by Stats. 1957, Ch. 53. ) ## 55990. Chapter 370 of the Statutes of 1913 is hereby repealed. (Added by Stats. 1953, Ch. 155.)
  41. 55991.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 6. REPEALS [55990 - 55991] ( Heading of Part 6 renumbered from Part 5 (2nd of two) by Stats. 1957, Ch. 53. )

    Verify source ↗

    This repeal provision says the repeal must not be interpreted to take away any substantial right of a district, person, or other entity that would have existed, or later exists, if the repeal had not been made.

    ## Water Code - WAT ## DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000 - 55991] ( Division 16 added by Stats. 1953, Ch. 155. ) ## PART 6. REPEALS [55990 - 55991] ( Heading of Part 6 renumbered from Part 5 (2nd of two) by Stats. 1957, Ch. 53. ) ## 55991. 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 exists had such repeal not be effected. (Added by Stats. 1953, Ch. 155.)
  42. 56010.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    A county board of supervisors must start county drainage district formation proceedings when a qualifying petition is filed.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. ) ## 56010. Proceedings for the formation of a county drainage district shall be instituted by the board of supervisors of a county when a petition requesting the institution of such proceedings and signed by the requisite number of owners of real property is filed with the board. The petition may consist of any number of separate instruments, each of which must comply with all of the requirements of a petition except as to the number of signatures. (Added by Stats. 1955, Ch. 1232.)
  43. 56011.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    A petition to form a county drainage district must ask the county board of supervisors to start proceedings, describe the proposed district boundaries, and be signed by enough real property owners.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. ) ## 56011. A petition requesting the institution of proceedings for the formation of a county drainage district shall: (a) Request the board of supervisors of a county in which the district will be located to institute proceedings to form a county drainage district pursuant to this part; (b) Describe the boundaries of the territory which is proposed for the district; (c) Be signed by not less than 100 owners of real property within the proposed district unless the total number of owners of real property within the proposed district does not exceed 200, in which case the petition shall be signed by a majority of such owners. If the board of supervisors finds that the petition is signed by the requisite number of owners of real property residing within the territory to be included within the proposed district, that finding shall be final and conclusive. (Added by Stats. 1955, Ch. 1232.)
  44. 56012.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The board of supervisors must start county drainage district formation by adopting a resolution of intention.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. ) ## 56012. Proceedings for the formation of a county drainage district shall be instituted by the board of supervisors by the adoption of a resolution of its intention to do so. The resolution shall contain all of the following: (a) A statement of the intention to form the district; (b) The boundaries of the proposed district or some other designation of its territorial extent; (c) The name of the proposed district; (d) The time and place where objections to the formation of the district or to its extent will be heard; (e) Instructions to the clerk of the board to publish the resolution and notices of hearing. (Added by Stats. 1955, Ch. 1232.)
  45. 56013.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    A drainage district may include certain territory, but city territory and territory from another similar district can be included only with the required vote, consent, and board findings.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. ) ## 56013. The district as formed may include unincorporated or incorporated and contiguous unincorporated territory. The incorporated territory included in the district may include the whole or part of one or more cities. However, the whole or part of a city shall not be included in a district except by the vote of a majority of the governing board of the city. The district shall not include the whole or any part of any other district formed for similar purposes unless the governing body of such other district shall consent thereto and the board of supervisors shall find and determine by resolution duly adopted that the proposed inclusion of the whole or part of such other district is in the best public interest and the territory affected will be benefited thereby. (Added by Stats. 1955, Ch. 1232.)
  46. 56014.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The hearing on objections to forming or changing the district’s extent must be scheduled at least 30 days after the board of supervisors adopts the resolution of intention.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. ) ## 56014. The time to be fixed for the hearing of objections to the formation or extent of the district shall be not less than 30 days after the adoption of the resolution of intention to form the district by the board of supervisors. The hearing shall be held at the regular meeting place of the board of supervisors or at some place within the proposed district as specified by the board in the resolution of intention to form the district. (Added by Stats. 1955, Ch. 1232.)
  47. 56015.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    Before the hearing, the resolution must be published at length in the proposed district. Brief notices of the resolution and the hearing time and place may also be published there.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. ) ## 56015. Prior to the time of hearing, the resolution shall be published at length in the proposed district pursuant to Section 6066 of the Government Code. Brief notices of the passage of the resolution and the time and place of the hearing may be published in the proposed district pursuant to Section 6066 of the Government Code. (Amended by Stats. 1957, Ch. 357.)
  48. 56016.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The board of supervisors must hear objections about forming the drainage district or its extent, and may exclude territory it believes will not be benefited by being included.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. ) ## 56016. At the time provided in the resolution of intention or at any time to which the hearing is continued, the board of supervisors shall hear any objections to the formation of the district or to its extent. At the hearing the board of supervisors shall exclude any territory that in its opinion will not be benefited by being in the district. (Added by Stats. 1955, Ch. 1232.)
  49. 56017.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    If a written objection signed by 10% of registered district voters is filed, the board of supervisors must either abandon formation of the district or submit the formation question to an election; it may do so in any event.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. ) ## 56017. If written objection to the formation of the district signed by 10 percent of the voters registered in the district is filed with the board of supervisors, it shall, and in any event it may, either adopt an order abandoning the formation of the district or order the matter of the formation of the district with the boundary lines determined at the close of the hearing submitted to the voters of the proposed district at an election. (Added by Stats. 1955, Ch. 1232.)
  50. 56018.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    Only voters registered in the proposed district may vote, and the board of supervisors must set up precincts and appoint precinct boards for the election.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. ) ## 56018. At the election only voters registered in the proposed district may vote. Election precincts shall be established by the board of supervisors, and precinct boards, composed of one inspector, one judge, and one clerk shall be appointed. At least one week prior to the election notice of the election shall be published in the proposed district pursuant to Section 6061 of the Government Code. In other particulars the election shall be conducted in the manner ordered by the board of supervisors. (Amended by Stats. 1957, Ch. 357.)
  51. 56018.1.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    After a district formation election is called, the legislative body must send notice to the county or principal county’s local agency formation commission executive officer within five days; the executive officer must prepare an impartial analysis within five days after notice; and the commission must approve or modify that analysis and forward it within five days.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. ) ## 56018.1. Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. Such written notice shall include the name and a description of the proposed district, and may be in the form of a certified copy of the resolution adopted by the legislative body calling the district formation election. The executive officer, within five days after being notified that a district formation election has been called, shall submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation. The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed. The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election. (Added by Stats. 1970, Ch. 736.)
  52. 56018.2.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    Certain supervisors, authorized board members, voters, and citizen associations may file written arguments for or against a proposed district formation, but the filing must be no more than 300 words and submitted at least 54 days before the election.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. ) ## 56018.2. The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation. Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election. (Added by Stats. 1970, Ch. 736.)
  53. 56018.3.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    If multiple arguments for or against a proposed district formation are filed on time, election officials must choose one for printing and distribution to voters.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. ) ## 56018.3. If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, such election officials shall select one of the arguments for printing and distribution to the voters. In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following: (a) The board of supervisors or any member or members of the board authorized by the board. (b) Individual voters or bona fide associations of citizens or a combination of such voters and associations. (Added by Stats. 1970, Ch. 736.)
  54. 56018.4.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    Election officials must print and mail a ballot pamphlet about the district formation proposition to each eligible voter, and mail it at least 10 days before the election.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. ) ## 56018.4. The officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question. The ballot pamphlet shall contain the following in the order prescribed: (a) The complete text of the proposition. (b) The impartial analysis of the proposition prepared by the local agency formation commission. (c) The argument for the proposed district formation. (d) The argument against the proposed district formation. The elections officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 257. Effective January 1, 1995.)
  55. 56019.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The board of supervisors may, if it thinks best, order the district formed after the hearing, or after an election if the vote is a majority in favor.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. ) ## 56019. At the conclusion of the hearing, or if an election is held and the canvass of the election returns shows that a majority of all the votes cast in the entire proposed district were in favor of the formation of the district, the board of supervisors may, if it deems best, make an order forming the district. (Added by Stats. 1955, Ch. 1232.)
  56. 56020.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The order of formation must state the district’s name and either describe its boundaries or otherwise show its territory.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 2. Formation [56010 - 56020] ( Chapter 2 added by Stats. 1955, Ch. 1232. ) ## 56020. The order of formation shall contain the name of the district, and a description of the boundaries or otherwise indicate its territory. The order is conclusive evidence of the regularity of all prior proceedings, except the adoption and publication in full of the resolution of intention and of the fact of the hearing. (Added by Stats. 1955, Ch. 1232.)
  57. 56030.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 3. Officers [56030 - 56031] ( Chapter 3 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    A county drainage district’s governing body must be a board of directors with at least five members.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 3. Officers [56030 - 56031] ( Chapter 3 added by Stats. 1955, Ch. 1232. ) ## 56030. The governing body of a county drainage district is a board of directors of not less than five members. If the district does not include a city or cities or any part thereof, the board of supervisors of the county is the board of directors of the district. If the district includes a city or cities or any part thereof, the members of the board of directors shall be as follows: (a) The presiding officer of the governing body of each city is a member of the board of directors; (b) The chairman of the board of supervisors is a member of the board of directors; (c) A member of the governing body of each city included within the district, other than the presiding officer, as appointed by the governing body of the city is a member of the board of directors; (d) Two members of the board of supervisors, other than the chairman of the board of supervisors, as appointed by the board of supervisors are members of the board of directors. (Added by Stats. 1955, Ch. 1232.)
  58. 56031.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 3. Officers [56030 - 56031] ( Chapter 3 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The district board may set per-meeting compensation for board members, but it cannot exceed $10 per meeting, plus necessary travel expenses. A member cannot be paid for more than three board meetings in a calendar month.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 3. Officers [56030 - 56031] ( Chapter 3 added by Stats. 1955, Ch. 1232. ) ## 56031. The district board shall have power to fix the amount of compensation per meeting to be paid each member of the board for his or her services for each meeting attended by him or her; provided, that the compensation shall not exceed ten dollars ($10) for each meeting of the district board attended by him or her, together with expenses necessarily incurred by him or her in traveling between his or her place of residence and the place of meeting. However, no member shall receive compensation for attending more than three meetings of the board during any calendar month. This compensation shall be in addition to any other fees or compensation allowed by law for the other official positions specified in Section 56030 that are occupied by members of the district board. For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. (Amended by Stats. 2005, Ch. 700, Sec. 36. Effective January 1, 2006.)
  59. 56040.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 4. District Powers and Purposes [56040 - 56042] ( Chapter 4 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    A county drainage district’s purpose is to control storm and waste waters, protect property and public assets from water damage, and conserve those waters for useful purposes.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 4. District Powers and Purposes [56040 - 56042] ( Chapter 4 added by Stats. 1955, Ch. 1232. ) ## 56040. The objects and purposes of a county drainage district shall be to provide for: (a) The control of storm and other waste waters of or within said district, including waters which arise outside said district and which flow or drain into or through the said district; (b) The protection from damage by storm or waste waters of private property and of public highways and other public property within said district; (c) The conservation of storm and waste waters for beneficial and useful purposes by spreading, storing, retaining or causing such waters, or any part thereof, to percolate into the soil within or without said district or the saving and conservation in any manner of any and all of such waters. (Added by Stats. 1955, Ch. 1232.)
  60. 56041.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 4. District Powers and Purposes [56040 - 56042] ( Chapter 4 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    A county drainage district has a list of powers, including suing, holding property, levying taxes, issuing bonds, and operating drainage systems.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 4. District Powers and Purposes [56040 - 56042] ( Chapter 4 added by Stats. 1955, Ch. 1232. ) ## 56041. A county drainage district shall have the power: (a) To sue and be sued in its own name; (b) To adopt a seal; (c) To take by grant, purchase, gift, lease, devise or otherwise and to hold, use and enjoy real or personal property of every kind within or without the district necessary to or convenient for the full exercise of its powers; (d) To exercise the power of eminent domain to the full extent necessary to or convenient for the full exercise of its powers and to carry out the provisions of this act; provided, that if the exercise of such power requires the alteration or relocation of any facilities devoted to a public use, the cost of such alteration or relocation shall be borne by the district; (e) To make and accept all contracts, deeds, releases and documents of any kind which will be necessary or proper to the exercise of any of the powers of the district; (f) To direct the payment of all lawful claims and demands against the district; (g) To levy and collect taxes as hereinafter provided; (h) To issue bonds as hereinafter provided and provide for their payment; (i) To employ such engineers, experts, surveyors, counsel and other persons as are needed to carry into effect any powers of the district; (j) To acquire, construct, complete, operate and maintain a surface or underground drainage system or systems or combination thereof and such ditches, drains, conduits, pipelines, system of ditches, drains, conduits or pipelines or combinations thereof as may be determined necessary to accomplish the objects and purposes of the district; (k) Borrow money and incur indebtedness and guarantee the performance of its legal or contractual obligations whether heretofore or hereafter incurred; and also refund or retire any public indebtedness or lien that may exist against the district or any property therein which shall have arisen out of the transaction of the affairs of the district; (l) To sell, lease or otherwise dispose of any property of the district or any interest therein when it is no longer required for the purposes of the district or when its use may be permitted without interfering with its use by the district; (m) To do any other act to accomplish the objects and purposes of the district. (Added by Stats. 1955, Ch. 1232.)
  61. 56042.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 4. District Powers and Purposes [56040 - 56042] ( Chapter 4 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    County drainage district ordinances must be adopted by the district’s board of directors, and then certified, recorded, and published like county ordinances. Electors of the district may use initiative and referendum powers for those ordinances under county-style procedures.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 4. District Powers and Purposes [56040 - 56042] ( Chapter 4 added by Stats. 1955, Ch. 1232. ) ## 56042. All ordinances of a county drainage district shall be adopted by the board of directors of the district, and shall be certified to, recorded, and published in the same manner as ordinances of a county. The initiative and referendum powers are hereby granted to the electors of a county drainage district to be exercised in relation to the enactment or rejection of ordinances of a county drainage district in accordance with the procedure established by the laws of this state for the exercise of those powers in relation to counties. (Added by Stats. 1982, Ch. 1137, Sec. 6.)
  62. 56050.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 5. Preliminary Report and Survey [56050 - 56061] ( Chapter 5 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    Before starting a project or calling a bond election, the district board must hire one or more engineers and have them prepare a report for the board.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 5. Preliminary Report and Survey [56050 - 56061] ( Chapter 5 added by Stats. 1955, Ch. 1232. ) ## 56050. Before constructing any project and before calling any election for the issuance of bonds as hereinafter provided, the district board shall by resolution employ one or more engineers to make a survey of the problems of the district concerning the protection of the lands within the district from storm, overflow or waste waters and especially with reference to the construction of a drainage system or systems. The resolution shall direct the engineer or engineers to prepare and file with the district board a report setting forth: (a) A general description of the work proposed to be done to carry out the objects of the district; (b) A general plan and general specifications of the work; (c) A general description of the property proposed to be acquired or damaged in carrying out the work; (d) A map showing the boundaries of the district and in general the location and extent of the work proposed to be done, property taken or damaged, and any other information useful to the understanding of the proposed work; (e) An estimate of the cost of the proposed work including acquisition, engineer and construction costs. (Added by Stats. 1955, Ch. 1232.)
  63. 56051.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 5. Preliminary Report and Survey [56050 - 56061] ( Chapter 5 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The engineer or engineers may hire surveyors and others needed to prepare the report, but only under the district board’s direction.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 5. Preliminary Report and Survey [56050 - 56061] ( Chapter 5 added by Stats. 1955, Ch. 1232. ) ## 56051. The engineer or engineers may, subject to the direction of the district board, employ such surveyors and others as may be necessary to prepare the report. (Added by Stats. 1955, Ch. 1232.)
  64. 56052.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 5. Preliminary Report and Survey [56050 - 56061] ( Chapter 5 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    When the engineer’s report is filed, the district board must examine it and may reject it, require changes, or, if it is compliant and satisfactory, set a hearing on objections.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 5. Preliminary Report and Survey [56050 - 56061] ( Chapter 5 added by Stats. 1955, Ch. 1232. ) ## 56052. When the engineer’s report is filed, the district board shall examine it and may thereupon: (a) Reject it and direct that a new report be prepared; (b) Direct that changes be made in it; or (c) If it complies with the provisions of this chapter and is satisfactory to the district board, it shall fix a time and place for hearing objections to the report and to doing all or any of the work referred to in the report. (Added by Stats. 1955, Ch. 1232.)
  65. 56053.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 5. Preliminary Report and Survey [56050 - 56061] ( Chapter 5 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The district board must publish notice of the hearing in a newspaper circulated in the district and hear all objections at the scheduled or continued hearing time and place.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 5. Preliminary Report and Survey [56050 - 56061] ( Chapter 5 added by Stats. 1955, Ch. 1232. ) ## 56053. Notice of the hearing shall be published by the district board pursuant to Section 6066 of the Government Code in a newspaper circulated in the district. At the time and place so fixed, or at the time and place to which the hearing may be from time to time continued, the board shall hear all objections. Said objections may be oral or in writing. (Amended by Stats. 1957, Ch. 357.)
  66. 56054.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 5. Preliminary Report and Survey [56050 - 56061] ( Chapter 5 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    After the hearing, the district board must either change the report to address objections or approve and adopt it as filed.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 5. Preliminary Report and Survey [56050 - 56061] ( Chapter 5 added by Stats. 1955, Ch. 1232. ) ## 56054. At the conclusion of the hearing the district board shall either order the report changed to conform to some or all the objections made or shall approve and adopt the report as made. If changes in the report are ordered, a further hearing shall be had upon it as amended and further hearings shall be had until the district board approves and adopts the report. (Added by Stats. 1955, Ch. 1232.)
  67. 56055.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 5. Preliminary Report and Survey [56050 - 56061] ( Chapter 5 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    If the district board approves the engineers’ report, it must direct the engineers to prepare precise plans and specifications for the reported work.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 5. Preliminary Report and Survey [56050 - 56061] ( Chapter 5 added by Stats. 1955, Ch. 1232. ) ## 56055. If the district board approves and adopts the report of the engineer or engineers, the board shall order the engineer or engineers to prepare precise plans and specifications for the work contained in said report. Said precise plans and specifications shall be in conformity with the general plans and specifications contained in said report as approved by the district board unless the district board by a four-fifths vote adopts a resolution declaring that the public interest requires a modification of or departure from the general plans and specifications, which resolution shall contain a statement of the manner in which the modification is required or departure is to be made. (Added by Stats. 1955, Ch. 1232.)
  68. 56059.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 5. Preliminary Report and Survey [56050 - 56061] ( Chapter 5 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The district board must direct its engineers to supervise the work covered by the precise plans and specifications.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 5. Preliminary Report and Survey [56050 - 56061] ( Chapter 5 added by Stats. 1955, Ch. 1232. ) ## 56059. The engineer or engineers employed by the district board to prepare the precise plans and specifications shall be directed by the district board to superintend the doing of the work contained in said precise plans and specifications. (Added by Stats. 1955, Ch. 1232.)
  69. 56060.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 5. Preliminary Report and Survey [56050 - 56061] ( Chapter 5 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The district is granted a right of way in or across public highways, streets, or other property in the district when the district board finds it necessary or convenient; if public-use facilities must be altered or relocated, the district must pay those costs.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 5. Preliminary Report and Survey [56050 - 56061] ( Chapter 5 added by Stats. 1955, Ch. 1232. ) ## 56060. A right of way in or across any public highway, street or property in the district is hereby granted to the district wherever the right of way is found by the district board to be necessary or convenient for the doing of any of the work; provided, that if the exercise of the rights herein granted require the alteration or relocation of any facilities devoted to a public use, the district shall pay the cost of such alteration or relocation. (Added by Stats. 1955, Ch. 1232.)
  70. 56061.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 5. Preliminary Report and Survey [56050 - 56061] ( Chapter 5 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    If a qualifying county supervisors’ report already exists before district formation, the district board does not need to prepare a new Section 56050 report and may hold the chapter’s hearings on that report.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 5. Preliminary Report and Survey [56050 - 56061] ( Chapter 5 added by Stats. 1955, Ch. 1232. ) ## 56061. Notwithstanding any other provision in this chapter to the contrary, in the event that prior to the formation of a district a report has been secured by the board of supervisors of the county in which the district is formed pursuant to the provisions of Section 4.2 of the Drainage District Improvement Act of 1919 concerning the protection of lands and other property within the district from storm or waste waters and containing substantially the same data and matter required by Section 56050 of this chapter, and if copies of said report are made available to the district board by the board of supervisors of such county, a new report need not be prepared by the district board under said Section 56050 and the hearing or hearings referred to in this chapter may be held on such report furnished by the board of supervisors of such county, and thereafter all of the provisions of this chapter shall be applicable to such report. (Added by Stats. 1955, Ch. 1232.)
  71. 56070.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The district board may ask district voters to approve bonded debt for acquiring property and doing the work described in the engineer’s report.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56070. After the approval and adoption of an engineer’s report and before ordering the engineer to prepare precise plans and specifications as provided in Chapter 5, the district board may submit to the voters of the district the proposition of incurring a bonded indebtedness to obtain funds with which to acquire the property and to do the work in whole or in part set forth in the report. For that purpose a special election shall be called by resolution. (Added by Stats. 1955, Ch. 1232.)
  72. 56071.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The resolution must list specified bond and election details, and the district may not incur indebtedness above 15% of the assessed value of all taxable real property in the district.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56071. The resolution shall state all of the following: (a) The general objects and purposes for which it is proposed to incur an indebtedness. (b) A reference to the report filed with the district board for particulars. (c) The amount of the bonds proposed to be issued; provided, that the district shall not incur any indebtedness which exceeds fifteen percent (15%) of the assessed value of all taxable real property in the district. (d) The number of years not to exceed which the whole of the bonds are to run. (e) The rate of interest or a maximum rate of interest to be paid, which rate shall not be more than the rate specified in this chapter, payable at the time specified in this chapter. (f) The date of the election. (g) The election precincts, polling places, and election officers. (Added by Stats. 1955, Ch. 1232.)
  73. 56072.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    For a bond election, the district board may combine several general-election precincts into one precinct and identify it by reference to those precincts.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56072. For the purposes of the bond election the district board may consolidate into one precinct several precincts established for general election purposes and describe the precinct by reference to the general election precincts. (Added by Stats. 1955, Ch. 1232.)
  74. 56073.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The district board must appoint an election board of one inspector, one judge, and one clerk for each precinct.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56073. An election board consisting of one inspector, one judge, and one clerk shall be appointed by the district board for each precinct. (Added by Stats. 1955, Ch. 1232.)
  75. 56074.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    Only voters registered in the district may vote in the bond election.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56074. Only voters registered in the district are eligible to vote at the bond election. (Added by Stats. 1955, Ch. 1232.)
  76. 56075.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The resolution calling the election must be published in a newspaper with general circulation in the district that the district board designates, and no other election notice is required.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56075. The resolution calling the election shall be published pursuant to Section 6063 of the Government Code in a newspaper having a general circulation in the district and designated by the district board. No other notice of the election need be given. (Amended by Stats. 1957, Ch. 357.)
  77. 56076.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    If voters approve the bonded indebtedness by a two-thirds vote, the district must issue and sell bonds for the amount stated in the election resolution.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56076. If two-thirds of the votes cast are in favor of incurring the bonded indebtedness as proposed, bonds of the district for the amount stated in the resolution calling the election shall be issued and sold. (Added by Stats. 1955, Ch. 1232.)
  78. 56077.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    After issuance, the bonds’ validity cannot be challenged in court except on specified grounds.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56077. The validity of the bonds after their issuance shall not be questioned in any court except upon the ground that the provisions of this chapter authorizing their issuance are unconstitutional, or that the required hearing regarding the formation of the district was not legally held or proper notice of it was not given. (Added by Stats. 1955, Ch. 1232.)
  79. 56078.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The district board must set the bond form by resolution, and bonds cannot run longer than 40 years.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56078. The district board shall prescribe by resolution the form of the bonds, and interest coupons. The bonds shall be payable at such times and at a place to be fixed by the board, and designated in the bonds, together with interest on all sums unpaid on that date until the whole of the indebtedness has been paid. The term of bonds issued shall not exceed 40 years. The district board may divide the principal amount of any issue into two or more series and fix different dates for the bonds of each series. The bonds of one series may be made payable at different times from those of any other series. The term of bonds of each issue or series shall not exceed 40 years from the date of the bonds. (Amended by Stats. 1961, Ch. 1766.)
  80. 56079.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    County drainage district bonds must be issued in denominations set by the district board, but each bond must be between $100 and $1,000.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56079. The bonds shall be issued in such denominations as the district board determines, except that no bonds shall be of a denomination less than one hundred dollars ($100) or greater than one thousand dollars ($1,000). They shall be payable on the day and at the place fixed in the bonds, and with interest at the rate specified in the bonds, which rate shall not be in excess of 8 percent per annum, and shall, after the first year, be payable semiannually. (Amended by Stats. 1975, Ch. 130.)
  81. 56080.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    County drainage district bonds must be signed, countersigned, sealed, and coupon signatures numbered as stated; one bond signature or countersignature must be manual.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56080. The bonds shall be signed by the chairman of the district board, and countersigned by the auditor of the district, and the seal of the district board shall be affixed. The interest coupons of the bonds shall be numbered consecutively and signed by the auditor of the district. All such signatures and countersignatures may be printed, lithographed, engraved, or otherwise mechanically reproduced, except that one of said signatures or countersignatures to said bonds shall be manually affixed. The auditor of the district under this section shall be the county auditor of the county in which the district is formed. (Added by Stats. 1955, Ch. 1232.)
  82. 56081.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    If an officer signs or countersigns bonds and leaves office before the bonds are delivered, the signature stays valid.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56081. If any officer whose signature or countersignature appears on the bonds ceases to be an officer before the delivery of the bonds to the purchaser, his signature or countersignature shall be as valid as if he had remained in office until the delivery of the bonds. (Added by Stats. 1955, Ch. 1232.)
  83. 56082.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The board may issue and sell district bonds, but not below par value. Before any sale, the legislative body must give at least 10 days’ notice and invite sealed bids. If bids are satisfactory, the bonds go to the highest responsible bidder; otherwise, the legislative body may reject the bids and readvertise or sell the bonds privately.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56082. The board may issue and sell the bonds of the district at not less than par value, and the proceeds shall be placed in the treasury of the county. Before selling the bonds, or any part thereof, the legislative body shall give notice not less than 10 days prior to the date of sale by publication pursuant to Section 6061 of the Government Code in a newspaper of general circulation circulating in the district inviting sealed bids in such manner as the legislative body shall prescribe. If satisfactory bids are received, the bonds offered for sale shall be awarded to the highest responsible bidder. If no bids are received, or if the legislative body determines that the bids received are not satisfactory as to price or responsibility of the bidders, the legislative body may reject all bids received, if any, and either readvertise or sell the bonds at private sale. All premiums and accrued interest received shall be paid into the fund to be used for the payment of principal and interest on the bonds and the remainder of the proceeds of the sale shall be paid into the construction fund of the district, and proper records of the transactions shall be placed upon the books of the treasurer. (Amended by Stats. 1957, Ch. 357.)
  84. 56083.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The construction fund must be used only for the purposes named in the bond-election resolution, and payments from it must follow the district board’s allowed-demand process and the same handling rules used for county funds.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56083. The construction fund shall be applied exclusively to the purposes and objects mentioned in the resolution calling the bond election. Payments from the construction fund shall be made upon the demands allowed by the district board, and prepared, presented and audited in the same manner as demands upon the funds of the county. (Added by Stats. 1955, Ch. 1232.)
  85. 56084.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    When the bond-election purposes have been completed, any money left in the construction fund must be moved to the bond repayment fund.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56084. When the purposes and objects mentioned in the resolution calling the bond election have been accomplished, any moneys remaining in the construction fund shall be transferred to the fund to be used for the payment of principal and interest on the bonds. (Added by Stats. 1955, Ch. 1232.)
  86. 56085.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    If a bond proposal fails to get enough votes, the district board may call or order another bond election after six months.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56085. If the proposition of issuing bonds submitted at a bond election fails to receive the requisite number of votes, the district board may, at the expiration of six months after that election, call or order another bond election, either for the same objects and purposes, or for any other object or purpose of the district. (Added by Stats. 1955, Ch. 1232.)
  87. 56086.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    If district bonds have already been issued and spent, the district board may seek additional bonds if it passes a four-fifths resolution finding public interest or necessity.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56086. If bonds have been issued by the district and the proceeds of the sale have been expended, and the district board by resolution passed by a vote of four-fifths of all its members determines that the public interest or necessity of the district demands the issuance of additional bonds for carrying out any of the objects of the district, the district board may again have a report made, and submit to the voters the question of issuing additional bonds in the same manner as for a first issue. All the provisions of this chapter for the issuance and sale of bonds, and for the expenditure of the proceeds, apply to the issuance of additional bonds. (Added by Stats. 1955, Ch. 1232.)
  88. 56087.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The bonds and their interest are paid from an annual tax on real property in the district, and those bonds and interest are not taxable in California.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56087. Bonds and the interest thereon shall be paid by revenue derived from an annual tax upon the real property in the district, and all the real property in the district shall be and remain liable to be taxed for such payments. Said bonds and the interest thereon shall not be taxable in this State. (Added by Stats. 1955, Ch. 1232.)
  89. 56088.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    This section defines what counts as a bond issue and lets a district’s board divide an authorized bond issue into divisions or series.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56088. (1) An issue of bonds is hereby defined to be the aggregate principal amount of all of the bonds authorized to be issued in accordance with a proposal submitted to and approved by the electors of the district, but no indebtedness will be deemed to have been contracted until bonds shall have been sold and delivered and then only to the extent of the principal amount of bonds so sold and delivered. (2) The board of directors of any district issuing any bonds heretofore or hereafter authorized may, in its discretion, divide the aggregate principal amount of such issue into two or more divisions or series and fix different dates for the bonds of each separate division or series. In the event any authorized issue is divided into two or more divisions or series, the bonds of each division or series may be made payable at such time or times as may be fixed by the legislative body of the district separate and distinct from the time or times of payment of bonds of any other division or series of the same issue. (Added by Stats. 1955, Ch. 1232.)
  90. 56089.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    Bonds may be made payable after the second installment of general district taxes is collected, and the first interest coupons must cover interest from the bond date to the coupon maturity date.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56089. Bonds may be made payable on a date subsequent to the time fixed for the collection of the second installment of general district taxes with which the first levy of taxes for the payment of the principal and interest of said bonds is to be collected. In such event, the first interest coupons shall be for interest from the date of said bonds of such issue or series or division to the maturity date of said coupons. (Added by Stats. 1955, Ch. 1232.)
  91. 56090.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    If bond voters approve issuance, the board may choose to file a special court proceeding to confirm its power to issue the bonds and their validity.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6. Bonds [56070 - 56090] ( Chapter 6 added by Stats. 1955, Ch. 1232. ) ## 56090. If the result of any election upon the question of the issuance of bonds is in favor of issuance, the board may, in its discretion, commence in the superior court of the county, a special proceeding to determine its right to issue the bonds and their validity, similar to the proceeding in relation to irrigation bonds, provided for by the “Irrigation District Law,” and all supplementary acts, and all their provisions apply to and govern the proceedings to be commenced by the board, so far as applicable. The judgment has the same effect as a judgment in relation to irrigation bonds under the provisions of that act. (Added by Stats. 1955, Ch. 1232.)
  92. 56095.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6.5. Drainage Fees [56095- 56095.] ( Chapter 6.5 added by Stats. 1982, Ch. 1137, Sec. 7. )

    Verify source ↗

    County drainage districts may adopt and enforce drainage plans, set and collect drainage fees by ordinance, and require drainage improvements when a storm drainage problem is referred to them; counties and cities may refer drainage problems to a district.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 6.5. Drainage Fees [56095- 56095.] ( Chapter 6.5 added by Stats. 1982, Ch. 1137, Sec. 7. ) ## 56095. In addition to all of the powers enumerated in this part, a county drainage district shall have the power to adopt by resolution and carry out any definite plan or system for accomplishing, facilitating, or financing all work which may be lawfully accomplished by a county drainage district and to enforce the plan or system by resolution. In order to carry out the plan or system, a district shall have the power, by ordinance, to prescribe, revise, and collect fees and charges for providing storm drainage facilities, including drainage outfall facilities, furnished or to be furnished to any new building, improvement, or structure constructed or to be constructed in the district; and whenever a storm drainage problem is referred to the district by any county or city located in whole or in part within the boundaries of the district, to require the installation of drainage improvements necessary or convenient for the needs of the district, including, but not limited to, residential, subdivision, commercial, and industrial drainage needs. Any county or city is hereby authorized to refer all drainage control problems arising under the Subdivision Map Act (commencing with Section 66410 of the Government Code) or otherwise to a county drainage district for solution. Revenues derived by a district under this chapter shall be used only to acquire, construct, reconstruct, maintain, and operate storm drainage facilities, including drainage outfall facilities, consistent with the plan or system. (Added by Stats. 1982, Ch. 1137, Sec. 7.)
  93. 56100.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 7. Application of Other Statutes [56100 - 56104] ( Chapter 7 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The Improvement Act of 1911 and the Improvement Bond Act of 1915 apply to county drainage districts formed under this part.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 7. Application of Other Statutes [56100 - 56104] ( Chapter 7 added by Stats. 1955, Ch. 1232. ) ## 56100. The Improvement Act of 1911 and the Improvement Bond Act of 1915 are applicable to county drainage districts formed under this part. After approving and adopting the engineer’s report as provided in Chapter 5 (commencing with Section 56050) of this part, the district board may order the work contained in the said report to be done in whole or in part pursuant to the provisions of the Improvement Act of 1911 or the Improvement Bond Act of 1915 and the costs thereof assessed upon the real property benefited, all in the manner provided by the Improvement Act of 1911 or the Improvement Bond Act of 1915. (Amended by Stats. 1974, Ch. 426.)
  94. 56101.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 7. Application of Other Statutes [56100 - 56104] ( Chapter 7 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    This section defines several terms used in certain acts when applied to county drainage district proceedings.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 7. Application of Other Statutes [56100 - 56104] ( Chapter 7 added by Stats. 1955, Ch. 1232. ) ## 56101. In the application of those acts to proceedings under this part, the terms used in those acts shall have the following meanings: (a) “City council” and “council” mean board. (b) “City” and “municipality” mean district. (c) “Clerk” and “city clerk” mean secretary. (d) “Superintendent of streets,” “street superintendent,” and “city engineer” mean the engineer of the district, or any other person appointed to perform such duties. (e) “Tax collector” means county tax collector. (f) “Treasurer” and “city treasurer” mean any person or official who has charge of and makes payment of the funds of the district. (g) “Right of way” means any parcel of land through which a right of way has been granted to the district for the purpose of constructing and maintaining a sewer. (Added by Stats. 1955, Ch. 1232.)
  95. 56102.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 7. Application of Other Statutes [56100 - 56104] ( Chapter 7 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    District boards, officers, and agents must exercise the powers and duties that other acts give to city boards, officers, and agents.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 7. Application of Other Statutes [56100 - 56104] ( Chapter 7 added by Stats. 1955, Ch. 1232. ) ## 56102. The powers and duties conferred by those acts and supplementary acts upon boards, officers, and agents of cities shall be exercised by the respective boards, officers, and agents of the district. (Added by Stats. 1955, Ch. 1232.)
  96. 56103.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 7. Application of Other Statutes [56100 - 56104] ( Chapter 7 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    An assessment or bond does not become a lien, and people are not treated as having notice, until the required certified copy and diagram are recorded in the proper office.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 7. Application of Other Statutes [56100 - 56104] ( Chapter 7 added by Stats. 1955, Ch. 1232. ) ## 56103. No assessment or bond hereafter levied or issued shall become a lien and no person shall be deemed to have notice thereof until a certified copy of said assessment and the diagram thereto attached shall be recorded in the office of the county surveyor, if the improvement district or any part thereof is in unincorporated territory, and with the superintendent of streets of the city or cities, if the improvement district or any part thereof is in incorporated territory. (Added by Stats. 1955, Ch. 1232.)
  97. 56104.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 7. Application of Other Statutes [56100 - 56104] ( Chapter 7 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The district board may exempt certain drainage work from the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 if it approves the work by four-fifths vote and finds the work necessary for the public welfare.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 7. Application of Other Statutes [56100 - 56104] ( Chapter 7 added by Stats. 1955, Ch. 1232. ) ## 56104. Notwithstanding any other provision contained in the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 to the contrary, in the event the district board shall order the work contained in the report prepared by the district engineer pursuant to Chapter 5 (commencing with Section 56050) of this part to be done in whole or in part pursuant to the provisions of the Improvement Act of 1911 or the Improvement Bond Act of 1915, the provisions of the said Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not be applicable to such work if the district board so declared by resolution duly adopted by four-fifths vote after a finding that said work is necessary for the public welfare, which finding shall not be made by the district board if, prior to the conclusion of the hearing on said report as provided in Chapter 5, the owners of more than 20 percent of the total assessed value of the taxable property within the district file written protests against the doing of said work. (Amended by Stats. 1974, Ch. 426.)
  98. 56110.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 8. Finance and Taxation [56110 - 56118] ( Chapter 8 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    Each year, the district board must give the county board of supervisors a written statement showing the bond interest due for that year and the principal due before the next general tax levy, at least 15 days before the relevant county tax-levy month begins.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 8. Finance and Taxation [56110 - 56118] ( Chapter 8 added by Stats. 1955, Ch. 1232. ) ## 56110. Annually, at least 15 days before the first day of the month in which the board of supervisors of the county in which the district is located is required by law to levy the amount of taxes required by law for county purposes, the district board shall furnish to the board of supervisors a written statement of the amount necessary to pay the interest on bonds for that year, and the portion of the principal that is to become due before the time for making the next general tax levy. (Added by Stats. 1955, Ch. 1232.)
  99. 56111.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 8. Finance and Taxation [56110 - 56118] ( Chapter 8 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The county board of supervisors must annually levy and collect a tax on taxable real property in the district.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 8. Finance and Taxation [56110 - 56118] ( Chapter 8 added by Stats. 1955, Ch. 1232. ) ## 56111. The board of supervisors of the county shall annually, at the time and in the manner of levying other county taxes, levy and cause to be collected a tax upon the taxable real property in the district, based upon the last equalized assessment roll of the county sufficient to pay the interest on the bonds for that year and such portion of the principal as is to become due before the time for making the next general tax levy. (Added by Stats. 1955, Ch. 1232.)
  100. 56112.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 8. Finance and Taxation [56110 - 56118] ( Chapter 8 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    If the district board does not provide the required written statement, the county board of supervisors must determine the amount needed and levy and collect it.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 8. Finance and Taxation [56110 - 56118] ( Chapter 8 added by Stats. 1955, Ch. 1232. ) ## 56112. If the district board fails to furnish to the board of supervisors the written statement of the amount necessary, the board of supervisors of the county shall ascertain the amount necessary to pay the interest on the bonds for that year and the portion of the principal that is to become due before the time for making the next general tax levy, and shall levy and cause to be collected the necessary amount. (Added by Stats. 1955, Ch. 1232.)
  101. 56113.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 8. Finance and Taxation [56110 - 56118] ( Chapter 8 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The tax must be collected like the county general tax levy, paid into the county treasury for the district’s credit, and used only to pay bond principal and interest.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 8. Finance and Taxation [56110 - 56118] ( Chapter 8 added by Stats. 1955, Ch. 1232. ) ## 56113. The tax shall be collected at the same time and in the same manner as the general tax levy for county purposes, and when collected shall be paid into the treasury of the county to the credit of the district, and shall be used for the payment of the principal and interest upon the bonds, and for no other purpose. (Added by Stats. 1955, Ch. 1232.)
  102. 56114.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 8. Finance and Taxation [56110 - 56118] ( Chapter 8 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The county treasurer must pay the principal and interest on the bonds as provided by law.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 8. Finance and Taxation [56110 - 56118] ( Chapter 8 added by Stats. 1955, Ch. 1232. ) ## 56114. The principal and interest on the bonds shall be paid by the treasurer of the county in the manner now or hereafter provided by law for the payment of principal and interest on the bonds of the county. (Added by Stats. 1955, Ch. 1232.)
  103. 56115.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 8. Finance and Taxation [56110 - 56118] ( Chapter 8 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The district board may send the county supervisors a written statement of needed expenses, and the county supervisors must levy a tax on the district’s taxable real property to cover those costs, subject to a cap.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 8. Finance and Taxation [56110 - 56118] ( Chapter 8 added by Stats. 1955, Ch. 1232. ) ## 56115. In any year, at least 15 days before the first day of the month in which the board of supervisors of the county in which the district is located, is required by law to levy the amount of taxes required by law for county purposes, the district board may furnish to the board of supervisors a written statement of the amount necessary to maintain, operate, extend, or repair any work or improvements of the district, and to defray all other expenses incidental to the exercise of any of the district’s powers, and the board of supervisors of the county shall at the time and in the manner of levying other county taxes, levy and cause to be collected a tax upon the taxable real property in the district based upon the last equalized assessment roll of the county sufficient to pay the cost of maintaining, operating, extending, or repairing any work or improvements of the district and of defraying all other expenses incidental to the exercise of any of the district’s powers. The tax authorized by this section shall not exceed twenty-five cents ($0.25) for each one hundred dollars ($100) of assessed value on taxable real property in any one year. (Added by Stats. 1955, Ch. 1232.)
  104. 56116.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 8. Finance and Taxation [56110 - 56118] ( Chapter 8 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    The district board controls and orders spending of the district’s operating fund.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 8. Finance and Taxation [56110 - 56118] ( Chapter 8 added by Stats. 1955, Ch. 1232. ) ## 56116. The tax shall be levied and collected at the same time and in the same manner as the general tax levy for county purposes, and the revenue derived from the tax shall be paid into the county treasury to the credit of the operating fund of the district, and the district board shall control and order its expenditure. (Added by Stats. 1955, Ch. 1232.)
  105. 56117.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 8. Finance and Taxation [56110 - 56118] ( Chapter 8 added by Stats. 1955, Ch. 1232. )

    Verify source ↗

    Claims paid from the operating fund must be allowed by the district board, and certain claims against the district must follow specified Government Code procedures.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 8. Finance and Taxation [56110 - 56118] ( Chapter 8 added by Stats. 1955, Ch. 1232. ) ## 56117. Payment from the operating fund shall be made upon claims allowed by the district board. Claims for money or damages against the district are governed by the provisions of Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code, except as provided therein. Claims not governed thereby or by other statutes or by ordinances or regulations authorized by law and expressly applicable to such claims, shall be prepared and presented to the board and all claims shall be audited and paid, in the same manner and with the same effect as are similar claims against the county. (Amended by Stats. 1963, Ch. 1715.)
  106. 56118.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 8. Finance and Taxation [56110 - 56118] ( Chapter 8 added by Stats. 1955, Ch. 1232. )

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    The district must pay the cost of preparing the engineer’s report, including compensation for engineers and other district employees, from its first available funds.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 8. Finance and Taxation [56110 - 56118] ( Chapter 8 added by Stats. 1955, Ch. 1232. ) ## 56118. The cost of preparing the engineer’s report, including the compensation paid engineers and other employees of the district, is a charge against the district and shall be paid from the first available funds of the district. (Added by Stats. 1955, Ch. 1232.)
  107. 56130.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 9. Annexation [56130- 56130.] ( Chapter 9 added by Stats. 1955, Ch. 1232. )

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    Territory contiguous to a district may be annexed if it is not already in another similar district and would benefit from annexation.

    ## Water Code - WAT ## DIVISION 17. DRAINAGE [56000 - 56130] ( Division 17 added by Stats. 1955, Ch. 1232. ) ## PART 1. COUNTY DRAINAGE DISTRICTS [56000 - 56130] ( Part 1 added by Stats. 1955, Ch. 1232. ) ## CHAPTER 9. Annexation [56130- 56130.] ( Chapter 9 added by Stats. 1955, Ch. 1232. ) ## 56130. Territory, whether incorporated or unincorporated, contiguous to a district, and not included in any other county drainage district or other district formed for similar purposes, may be annexed, if the additional territory will be benefited by annexation. (Amended by Stats. 1965, Ch. 2043.)
  108. 5900.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 6. KLAMATH RIVER BASIN COMPACT [5900 - 5901] ( Part 6 added by Stats. 1959, Ch. 586. )

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    California ratifies and approves the Klamath River Basin Compact between Oregon and California.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 6. KLAMATH RIVER BASIN COMPACT [5900 - 5901] ( Part 6 added by Stats. 1959, Ch. 586. ) ## 5900. The Legislature of the State of California hereby ratifies and approves that certain compact designated as the “Klamath River Basin Compact between the States of Oregon and California,” as set forth in Section 2 of Chapter 113 of the Statutes of 1957, which was approved at Klamath Falls, Oregon, on the seventeenth day of November, 1956, by the California Klamath River Commission, under authority of and in conformity with the provisions of Government Code Sections 8110-8119 (California Stats. 1953, Ch. 1473, p. 3085), and by a similar commission representing the State of Oregon under legislative authority of that state, and the provisions of said compact shall become the law of this State upon said compact becoming effective as provided in Article XIII of said compact. (Added by Stats. 1959, Ch. 586.)
  109. 5901.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 6. KLAMATH RIVER BASIN COMPACT [5900 - 5901] ( Part 6 added by Stats. 1959, Ch. 586. )

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    This section sets out the Klamath River Basin Compact, including water-allocation rules, the commission that administers it, pollution-control procedures, and rules for termination.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 6. KLAMATH RIVER BASIN COMPACT [5900 - 5901] ( Part 6 added by Stats. 1959, Ch. 586. ) ## 5901. The provisions of said Klamath River Basin Compact are as follows: Article I. Purposes The major purposes of this compact are, with respect to the water resources of the Klamath River Basin: A. To facilitate and promote the orderly, integrated and comprehensive development, use, conservation and control thereof for various purposes, including, among others: the use of water for domestic purposes; the development of lands by irrigation and other means; the protection and enhancement of fish, wildlife and recreational resources; the use of water for industrial purposes and hydroelectric power production; and the use and control of water for navigation and flood prevention. B. To further intergovernmental co-operation and comity with respect to these resources and programs for their use and development and to remove causes of present and future controversies by providing (1) for equitable distribution and use of water among the two states and the Federal Government, (2) for preferential rights to the use of water after the effective date of this compact for the anticipated ultimate requirements for domestic and irrigation purposes in the Upper Klamath River Basin in Oregon and California, and (3) for prescribed relationships between beneficial uses of water as a practicable means of accomplishing such distribution and use. Article II. Definition of Terms As used in this compact: A. “Klamath River Basin” shall mean the drainage area of the Klamath River and all its tributaries within the States of California and Oregon and all closed basins included in the Upper Klamath River Basin. B. “Upper Klamath River Basin” shall mean the drainage area of the Klamath River and all its tributaries upstream from the boundary between the States of California and Oregon and the closed basins of Butte Valley, Red Rock Valley, Lost River Valley, Swan Lake Valley and Crater Lake, as delineated on the official map of the Upper Klamath River Basin approved on September 6, 1956, by the commissions negotiating this compact and filed with the Secretaries of State of the two states and the General Services Administration of the United States, which map is incorporated by reference and made a part hereof. C. “Commission” shall mean the Klamath River Compact Commission as created by Article IX of this compact. D. “Klamath Project” of the Bureau of Reclamation of the Department of the Interior of the United States shall mean that area as delineated by appropriate legend on the official map incorporated by reference under subdivision B of this article. E. “Person” shall mean any individual or any other entity, public or private, including either state, but excluding the United States. F. “Keno” shall mean a point on the Klamath River at the present needle dam, or any substitute control dam constructed in Section 36, Township 39 South, Range 7 East, Willamette Base and Meridian. G. “Water” or “waters” shall mean waters appearing on the surface of the ground in streams, lakes or otherwise, regardless of whether such waters at any time were or will become ground water, but shall not include water extracted from underground sources until after such water is used and becomes surface return flow or waste water. H. “Domestic use” shall mean the use of water for human sustenance, sanitation and comfort; for municipal purposes; for livestock watering; for irrigation of family gardens; and for other like purposes. I. “Industrial use” shall mean the use of water in manufacturing operations. J. “Irrigation use” shall mean the use of water for production of agricultural crops, including grain grown for feeding wildfowl. Article III. Distribution and Use of Water A. There are hereby recognized vested rights to the use of waters originating in the Upper Klamath River Basin validly established and subsisting as of the effective date of this compact under the laws of the state in which the use or diversion is made, including rights to the use of waters for domestic and irrigation uses within the Klamath Project. There are also hereby recognized rights to the use of all waters reasonably required for domestic and irrigation uses which may hereafter be made within the Klamath Project. B. Subject to the rights described in subdivision A of this article and excepting the uses of water set forth in subdivision E of Article XI, rights to the use of unappropriated waters originating within the Upper Klamath River Basin for any beneficial use in the Upper Klamath River Basin, by direct diversion or by storage for later use, may be acquired by any person after the effective date of this compact by appropriation under the laws of the state where the use is to be made, as modified by the following provisions of this subdivision B and subdivision C of this article, and may not be acquired in any other way: 1. In granting permits to appropriate waters under this subdivision B, as among conflicting applications to appropriate when there is insufficient water to satisfy all such applications, each state shall give preference to applications for a higher use over applications for a lower use in accordance with the following order of uses: (a) Domestic use, (b) Irrigation use, (c) Recreational use, including use for fish and wildlife, (d) Industrial use, (e) Generation of hydroelectric power, (f) Such other uses as are recognized under the laws of the state involved. These uses are referred to in this compact as uses (a), (b), (c), (d), (e) and (f), respectively. Except as to the superiority of rights to the use of water for use (a) or (b) over the rights to the use of water for use (c), (d), (e) or (f), as governed by subdivision C of this article, upon a permit being granted and a right becoming vested and perfected by use, priority in right to the use of water shall be governed by priority in time within the entire Upper Klamath River Basin regardless of state boundaries. The date of priority of any right to the use of water appropriated for the purposes above enumerated shall be the date of the filing of the application therefor, but such priority shall be dependent on commencement and completion of construction of the necessary works and application of the water to beneficial use with due diligence and within the times specified under the laws of the state where the use is to be made. Each state shall promptly provide the commission and the appropriate official of the other state with complete information as to such applications and as to all actions taken thereon. 2. Conditions on the use of water under this subdivision B in Oregon shall be: (a) That there shall be no diversion of waters from the Upper Klamath River Basin, but this limitation shall not apply to out-of-basin diversions of waters originating within the drainage area of Fourmile Lake. (b) That water diverted from Upper Klamath Lake and the Klamath River and its tributaries upstream from Keno, Oregon, for use in Oregon and not consumed therein and appearing as surface return flow and waste water within the Upper Klamath River Basin shall be returned to the Klamath River or its tributaries above Keno, Oregon. 3. Conditions on the use of water under this subdivision B in California shall be: (a) That the waters diverted from the Klamath River within the Upper Klamath River Basin for use in California shall not be taken outside the Upper Klamath River Basin. (b) That substantially all of the return flows and waste water finally resulting from such diversions and use appearing as surface waters in the Upper Klamath River Basin shall be made to drain so as to be eventually returned to the Klamath River upstream from Keno, Oregon. C. 1. All rights, acquired by appropriation after the effective date of this compact, to use waters originating within the Upper Klamath River Basin for use (a) or (b) in the Upper Klamath River Basin in either state shall be superior to any rights, acquired after the effective date of this compact, to use such waters (i) or any purpose outside the Klamath River Basin by diversion in California or (ii) for use (c), (d), (e) or (f) anywhere in the Klamath River Basin. Such superior rights shall exist regardless of their priority in time and may be exercised with respect to inferior rights without the payment of compensation. But such superior rights to use water for use (b) in California shall be limited to the quantity of water necessary to irrigate 100,000 acres of land, and in Oregon shall be limited to the quantity of water necessary to irrigate 200,000 acres of land. 2. The provisions of paragraph 1 of this subdivision C shall not prohibit the acquisition and exercise after the effective date of this compact of rights to store waters originating within the Upper Klamath River Basin and to make later use of such stored water for any purpose, as long as the storing of waters for such later use, while being effected, does not interfere with the direct diversion or storage of such waters for use (a) or (b) in the Upper Klamath River Basin. Article IV. Hydroelectric Power It shall be the objective of each state, in the formulation and the execution and the granting of authority for the formulation and execution of plans for the distribution and use of the waters of the Klamath River Basin, to provide for the most efficient use of available power head and its economic integration with the distribution of water for other beneficial uses in order to secure the most economical distribution and use of water and lowest power rates which may be reasonable for irrigation and drainage pumping, including pumping from wells. Article V. Interstate Diversion and Storage Rights; Measuring Devices A. Each state hereby grants for the benefit of the other and its designees the right to construct and operate facilities for the measurement, diversion, storage and conveyance of water from the Upper Klamath River Basin in one state for use in the other insofar as the exercise of such right may be necessary to effectuate and comply with the terms of this compact. The location of such facilities shall be subject to approval by the commission. B. Each state or its designee, exercising within the jurisdiction of the other a right granted under subdivision A of this article, shall make provision for the establishment, operation, and maintenance of permanent gaging stations at such points on streams or reservoir or conveyance facilities as may be required by the commission for the purpose of ascertaining and recording the volume of diversions by the streams or facilities involved. Said stations shall be equipped with suitable devices for determining the flow of water at all times. All information obtained from such stations shall be compiled in accordance with the standards of the United States Geological Survey, shall be filed with the commission, and shall be available to the public. Article VI. Acquisition of Property for Storage and Diversion; In Lieu Taxes A. Subject to approval of the commission, either state shall have the right (1) to acquire such property rights in the other state as are necessary for the diversion, storage, conveyance, measurement and use of water in conformity with this compact, by donation or purchase, or (2) to elect to have the other state acquire such property rights for it by purchase or through the exercise of the power of eminent domain. A state making the latter election shall make a written request therefor and the other state shall expeditiously acquire said property rights either by purchase at a price satisfactory to the requesting state, or, if such purchase cannot be made, then through the exercise of its power of eminent domain, and shall convey said property rights to the requesting state or its designee. All costs of such acquisition shall be paid by the requesting state. Neither state shall have any greater power to acquire property rights for the other state through the exercise of the power of eminent domain than it would have under its laws to acquire the same property rights for itself. B. Should any diversion, storage or conveyance facilities be constructed or acquired in either state for the benefit of the other state, as herein provided, the construction, repair, replacement, maintenance and operation of such facilities shall be subject to the laws of the state in which the facilities are located, except that the proper officials of that state shall permit the storage, release and conveyance of any water to which the other state is entitled under this compact. C. Either state having property rights other than water rights in the other state acquired as provided in this article shall pay to each political subdivision of the state in which such property rights are located, each and every year during which such rights are held, a sum of money equivalent to the average annual amount of taxes assessed against those rights during the 10 years preceding the acquisition of such rights in reimbursement for the loss of taxes to such political subdivisions of the state. Payments so made to a political subdivision shall be in lieu of any and all taxes by that subdivision on the property rights for which the payments are made. Article VII. Pollution Control A. The states recognize that the growth of population and the economy of the Upper Klamath River Basin can result in pollution of the waters of the Upper Klamath River Basin constituting a menace to the health and welfare of, and occasioning economic loss to, people living or having interests in the Klamath River Basin. The states recognize further that protection of the beneficial uses of the waters of the Klamath River Basin requires co-operative action of the two states in pollution abatement and control. B. To aid in such pollution abatement and control, the commission shall have the duty and power: 1. To co-operate with the states or agencies thereof or other entities and with the United States for the purpose of promoting effective laws and the adoption of effective regulations for abatement and control of pollution of the waters of the Klamath River Basin, and from time to time to recommend to the governments reasonable minimum standards for the quality of such waters. 2. To disseminate to the public by any and all appropriate means information respecting pollution abatement and control in the waters of the Klamath River Basin and on the harmful and uneconomic results of such pollution. C. Each state shall have the primary obligation to take appropriate action under its own laws to abate and control interstate pollution, which is defined as the deterioration of the quality of the waters of the Upper Klamath River Basin within the boundaries of such state which materially and adversely affects beneficial uses of waters of the Klamath River Basin in the other state. Upon complaint to the commission by the state water pollution control agency of one state that interstate pollution originating in the other state is not being prevented or abated, the procedure shall be as follows: 1. The commission shall make an investigation and hold a conference on the alleged interstate pollution with the water pollution control agencies of the two states, after which the commission shall recommend appropriate corrective action. 2. If appropriate corrective action is not taken within a reasonable time, the commission shall call a hearing, giving reasonable notice in writing thereof to the water pollution control agencies of the two states and to the person or persons which it is believed are causing the alleged interstate pollution. Such hearing shall be held in accordance with rules and regulations of the commission, which shall conform as nearly as practicable with the laws of the two states governing administrative hearings. At the conclusion of such hearing, the commission shall make a finding as to whether interstate pollution exists, and if so, shall issue to any person or persons which the commission finds are causing such interstate pollution an order or orders for correction thereof. 3. It shall be the duty of the person against whom any such order is issued to comply therewith. Any court of general jurisdiction of the state where such discharge is occurring or the United States District Court for the district where the discharge is occurring shall have jurisdiction, on petition of the commission for enforcement of such order, to compel action by mandamus, injunction, specific performance, or any other appropriate remedy, or on petition of the person against whom the order is issued to review any order. At the conclusion of such enforcement or review proceedings, the court may enter such decree or judgment affirming, reversing, modifying, or remanding such order as in its judgment is proper in the circumstances on the basis of the rules customarily applicable in proceedings for court enforcement or review of administrative actions. D. The water pollution control agencies of the two states shall, from time to time, make available to the commission all data relating to the quality of the waters of the Upper Klamath River Basin which they possess as the result of studies, surveys and investigations thereof which they may have made. Article VIII. Miscellaneous A. Subject to vested rights as of the effective date of this compact, there shall be no diversion of waters from the basin of Jenny Creek to the extent that such waters are required, as determined by the commission, for use on land within the basin of Jenny Creek. B. Each state shall exercise whatever administrative, judicial, legislative or police powers it has that are required to provide any necessary reregulation or other control over the flow of the Klamath River downstream from any hydroelectric powerplant for protection of fish, human life or property from damage caused by fluctuations resulting from the operation of such plant. Article IX. Administration A. 1. There is hereby created a commission to administer this compact. The commission shall consist of three members. The representative of the State of California shall be the Department of Water Resources. The representative of the State of Oregon shall be the State Engineer of Oregon who shall serve as ex officio representative of the State Water Resources Board of Oregon. The President is requested to appoint a federal representative who shall be designated and shall serve as provided by the laws of the United States. 2. The representative of each state shall be entitled to one vote in the commission. The representative of the United States shall serve as chairman of the commission without vote. The compensation and expenses of each representative shall be fixed and paid by the government which he represents. Any action by the commission shall be effective only if it be agreed to by both voting members. 3. The commission shall meet to establish its formal organization within 60 days after the effective date of this compact, such meeting to be at the call of the governors of the two states. The commission shall then adopt its initial set of rules and regulations governing the management of its internal affairs providing for, among other things, the calling and holding of meetings, the adoption of a seal, and the authority and duties of the chairman and executive director. The commission shall establish its office within the Upper Klamath River Basin. 4. The commission shall appoint an executive director, who shall also act as secretary, to serve at the pleasure of the commission and at such compensation, under such terms and conditions and performing such duties as it may fix. The executive director shall be the custodian of the records of the commission with authority to affix the commission’s official seal, and to attest to and certify such records or copies thereof. The commission, without regard to the provisions of the civil service laws of either state, may appoint and discharge such consulting, clerical and other personnel as may be necessary for the performance of the commission’s functions, may define their duties, and may fix and pay their compensation. The commission may require the executive director and any of its employees to post official bonds, and the cost thereof shall be paid by the commission. 5. All records, files and documents of the commission shall be open for public inspection at its office during established office hours. 6. No member, officer or employee of the commission shall be liable for injury or damage resulting from (a) action taken by such member, officer or employee in good faith and without malice under the apparent authority of this compact, even though such action is later judicially determined to be unauthorized, or (b) the negligent or wrongful act or omission of any other person, employed by the commission and serving under such officer, member or employee, unless such member, officer or employee either failed to exercise due care in this selection, appointment or supervision of such other person, or failed to take all available action to suspend or discharge such other person after knowledge or notice that such other person was inefficient or incompetent to perform the work for which he was employed. No suit may be instituted against a member, officer or employee of the commission for damages alleged to have resulted from the negligent or wrongful act or omission of such member, officer or employee or a subordinate thereof occurring durng the performance of his official duties unless, within 90 days after occurrence of the incident, a verified claim for damages is presented in writing and filed with such member, officer or employee and with the commission. In the event of a suit for damages against any member, officer or employee of the commission on account of any act or omission in the performance of his or his subordinates’ official duties, the commission shall arrange for the defense of such suit and may pay all expenses therefor on behalf of such member, officer or employee. The commission may at its expense insure its members, officers and employees against liability resulting from their acts or omissions in the performance of their official duties. Nothing in this paragraph shall be construed as imposing any liability upon any member, officer or employee of the commission that he would otherwise not have. 7. The commission may incur obligations and pay expenses which are necessary for the performance of its functions. But it shall not pledge the credit of any government except by and with the authority of the legislative body thereof given pursuant to and in keeping with the constitution of such government, nor shall the commission incur any obligations prior to the availability of funds adequate to meet them. 8. The commission may: (a) Borrow, accept or contract for the services of personnel from any government or agency thereof, from any intergovernmental agency or from any other entity. (b) Accept for any of its purposes and functions under this compact any and all donations, gifts, grants of money, equipment, supplies, materials and services from any government or agency thereof or intergovernmental agency or from any other entity. (c) Acquire, hold and dispose of real and personal property as may be necessary in the performance of its functions. (d) Make such studies, surveys and investigations as are necessary in carrying out the provisions of this compact. 9. All meetings of the commission for the consideration of and action on any matters coming before the commission, except matters involving the management of internal affairs of the commission and its staff, shall be open to the public. Matters coming within the exception of this paragraph may be considered and acted upon by the commission in executive session under such rules and regulations as may be established therefor. 10. In the case of the failure of the two voting members of the commission to agree on any matter relating to the administration of this compact as provided in paragraph 2 of this subdivision A, the representative from each state shall appoint one person and the two appointed persons shall appoint a third person. The three appointees shall sit as an arbitration forum. The terms of appointment and the compensation of the members of the arbitration forum shall be fixed by the commission. Matters on which the two voting members of the commission have failed to agree shall be decided by a majority vote of the members of the arbitration forum. Each state obligates itself to abide by the decision of the arbitration forum, subject, however, to the right of each state to have the decision reviewed by a court of competent jurisdiction. 11. The commission shall have the right of access, through its authorized representatives, to all properties in the Klamath River Basin whenever necessary for the purpose of administration of this compact. The commission may obtain a court order to enforce its right of access. B. 1. The commission shall submit to the governor or designated officer of each state a budget of its estimated expenditures for such period and at such times as may be required by the laws of that state for presentation to the legislature thereof. Each state pledges itself to appropriate and pay over to the commission one-half of the amount required to finance the commission’s estimated expenditures as set forth in each of its budgets, and pledges further that concurrently with approval of this compact by its legislature the sum of not less than $12,000 will be appropriated by it to be paid over to the commission at its first meeting for use in financing the commission’s functions until the commission can prepare its first budget and receive its first appropriation thereunder from the states. 2. The commission shall keep accurate accounts of all receipts and disbursements, which shall be audited yearly by a certified public accountant, and the report of the audit shall be made a part of its annual report. The accounts of the commission shall be open for public inspection during established office hours. 3. The commission shall make and transmit to the legislature and governor of each state and to the President of the United States an annual report covering the finances and activities of the commission and embodying such plans, recommendations and findings as may have been adopted by the commission. C. 1. The commission shall have the power to adopt, and to amend or repeal, such rules and regulations to effectuate the purposes of this compact as in its judgment may be appropriate. 2. Except as to matters involving exclusively the management of the internal affairs of the commission and its staff or involving emergency matters, prior to the adoption, amendment or repeal of any rule or regulation the commission shall hold a hearing at which any interested person shall have the opportunity to present his views on the proposed action in writing, with or without the opportunity to present the same orally. The commission shall give adequate advance notice in a reasonable manner of the time, place and subject of such hearings. 3. Emergency rules and regulations may be adopted without a prior hearing, but in such case they may be effective for not longer than 90 days. 4. The commission shall publish its rules and regulations in convenient form. Article X. Status of Indian Rights A. Nothing in this compact shall be deemed: 1. To affect adversely the present rights of any individual Indian, tribe, band or community of Indians to the use of the waters of the Klamath River Basin for irrigation. 2. To deprive any individual Indian, tribe, band or community of Indians of any rights, privileges, or immunities afforded under federal treaty, agreement or statute. 3. To affect the obligations of the United States of America to the Indians, tribes, bands or communities of Indians, and their reservations. 4. To alter, amend or repeal any of the provisions of the Act of August 13, 1954, (68 Stat. 718) as it may be amended. B. Lands within the Klamath Indian Reservation which are brought under irrigation after the effective date of this compact, whether before or after Section 14 of said Act of August 13, 1954, becomes fully operative, shall be taken into account in determining whether the 200,000-acre limitation provided in paragraph 1 of subdivision C of Article III has been reached. Article XI. Federal Rights Nothing in this compact shall be deemed: A. To impair or affect any rights, powers or jurisdiction of the United States, its agencies or those acting by or under its authority, in, over and to the waters of the Klamath River Basin, nor to impair or affect the capacity of the United States, its agencies or those acting by or under its authority in any manner whatsoever, except as otherwise provided by the federal legislation enacted for the implementation of this compact as specified in Article XIII. B. To subject any property of the United States, its agencies or instrumentalities, to taxation by either state or any subdivision thereof, unless otherwise provided by act of Congress. C. To subject any works or property of the United States, its agencies, instrumentalities or those acting by or under its authority, used in connection with the control or use of waters which are the subject of this compact, to the laws of any state to an extent other than the extent to which those laws would apply without regard to this compact, except as otherwise provided by the federal legislation enacted for the implementation of this compact as specified in Article XIII. D. To affect adversely the existing areas of Crater Lake National Park or Lava Beds National Monument, or to limit the operation of laws relating to the preservation thereof. E. To apply to the use of water for the maintenance, on the scale at which such land and water areas are maintained as of the effective date of this compact, of officially designated water-fowl management areas, including water consumed by evaporation and transpiration on water surface areas and water used for irrigation or otherwise in the Upper Klamath River Basin; nor to affect the rights and obligations of the United States under any migratory bird treaty or the Migratory Bird Conservation Act (45 Stat. 1222), as amended to the effective date of this compact. Article XII. General Provisions A. Each state and all persons using, claiming or in any manner asserting any right to the use of the waters of the Klamath River Basin under the authority of either state shall be subject to the terms of this compact. B. Nothing in this compact shall be construed to limit or prevent either state from instituting or maintaining any action or proceeding, legal or equitable, in any court of competent jurisdiction for the protection of any right under this compact or the enforcement of any of its provisions. C. Should a court of competent jurisdiction hold any part of this compact to be contrary to the Constitution of either state or the United States, all other provisions shall continue in full force and effect, unless it is authoritatively and finally determined judicially that the remaining provisions cannot operate for the purposes, or substantially in the manner, intended by the states independently of the portions declared unconstitutional or invalid. D. Except as to matters requiring the exercise of discretion by the commission, the provisions of this compact shall be self-executing and shall by operation of law be conditions of the various state permits, licenses or other authorizations relating to the waters of the Klamath River Basin issued after the effective date of this compact. E. The physical and other conditions peculiar to the Klamath River Basin constitute the basis for this compact, and neither of the states hereby, nor the Congress of the United States by its consent, considers that this compact establishes any general principle or precedent with respect to any other interstate stream. Article XIII. Ratification A. This compact shall become effective when ratified by the legislature of each signatory state, and when consented to by an act of Congress of the United States which will, in substance, meet the provisions hereinafter set forth in this article. B. The act of Congress referred to in subdivision A of this article shall provide that the United States or any agency thereof, and any entity acting under any license or other authority granted under the laws of the United States (referred to in this article as “the United States”), in connection with developments undertaken after the effective date of this compact pursuant to laws of the United States, shall comply with the following requirements: 1. The United States shall recognize and be bound by the provisions of subdivision A of Article III. 2. The United States shall not, without payment of just compensation, impair any rights to the use of water for use (a) or (b) within the Upper Klamath River Basin by the exercise of any powers or rights to use or control water (i) for any purpose whatsoever outside the Klamath River Basin by diversions in California or (ii) for any purpose whatsoever within the Klamath River Basin other than use (a) or (b). But the exercise of powers and rights by the United States shall be limited under this paragraph 2 only as against rights to the use of water for use (a) or (b) within the Upper Klamath River Basin which are acquired as provided in subdivision B of Article III after the effective date of this compact, but only to the extent that annual depletions in the flow of the Klamath River at Keno resulting from the exercise of such rights to use water for uses (a) and (b) do not exceed 340,000 acre-feet in any one calendar year. 3. The United States shall be subject to the limitation on diversions of waters from the basin of Jenny Creek as provided in subdivision A of Article VIII. 4. The United States shall be governed by all the limitations and provisions of paragraph 2 and subparagraph (a) of paragraph 3 of subdivision B of Article III. 5. The United States, with respect to any irrigation or reclamation development undertaken by the United States in the Upper Klamath River Basin in California, shall provide that substantially all of the return flows and waste water finally resulting from such diversions and use appearing as surface waters in the Upper Klamath River Basin shall be made to drain so as to be eventually returned to the Klamath River upstream from Keno, unless the Secretary of the Interior shall determine that compliance with this requirement would render it less feasible than under an alternate plan of development, in which event such return flows and waste waters shall be returned to the Klamath River at a point above Copco Lake. C. Upon enactment of the act of Congress referred to in subdivision A of this article and so long as such act shall be in effect, the United States, when exercising rights to use water pursuant to state law, shall be entitled to all of the same privileges and benefits of this compact as any person exercising similar rights. D. Such act of Congress shall not be construed as relieving the United States of any requirement of compliance with state law which may be provided by other federal statutes. Article XIV. Termination This compact may be terminated at any time by legislative consent of both states, but despite such termination, all rights then established hereunder or recognized hereby shall continue to be recognized as valid by the states. (Added by Stats. 1959, Ch. 586.)
  110. 5950.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 7. OREGON–CALIFORNIA GOOSE LAKE INTERSTATE COMPACT [5950 - 5951] ( Part 7 added by Stats. 1963, Ch. 1059. )

    Verify source ↗

    California ratifies the Oregon-California Goose Lake Interstate Compact, and the compact’s provisions become California law when the compact becomes operative under Article VII.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 7. OREGON–CALIFORNIA GOOSE LAKE INTERSTATE COMPACT [5950 - 5951] ( Part 7 added by Stats. 1963, Ch. 1059. ) ## 5950. The Legislature of the State of California hereby ratifies the Oregon-California Goose Lake Interstate Compact as set forth in Section 5951. The provisions of the compact shall become the law of this State upon the compact becoming operative as provided in Article VII of the compact. (Added by Stats. 1963, Ch. 1059.)
  111. 5951.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 7. OREGON–CALIFORNIA GOOSE LAKE INTERSTATE COMPACT [5950 - 5951] ( Part 7 added by Stats. 1963, Ch. 1059. )

    Verify source ↗

    This compact bars exporting Goose Lake Basin water outside the basin without both legislatures’ prior consent, recognizes existing vested water-use rights, and allows persons to build and operate certain water facilities for use within the basin under stated conditions.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 7. OREGON–CALIFORNIA GOOSE LAKE INTERSTATE COMPACT [5950 - 5951] ( Part 7 added by Stats. 1963, Ch. 1059. ) ## 5951. The provisions of the Oregon-California Goose Lake Interstate Compact are as follows: Article I.Purposes The major purposes of this compact are: A. To facilitate and promote the orderly, integrated and comprehensive development, use, conservation and control of the water resources of Goose Lake Basin. B. To further intergovernmental cooperation and comity and to remove the causes of present and future controversies by (1) providing for continued development of the water resources of Goose Lake Basin by the States of California and Oregon, and (2) prohibiting the export of water from Goose Lake Basin without consent of the legislatures of California and Oregon. Article II.Definition of Terms As used in this compact: A. “Goose Lake Basin” shall mean the drainage area of Goose Lake within the States of California and Oregon and all closed basins included in the Goose Lake drainage basin as delineated on the official map of the Goose Lake Basin which is attached to and made a part of this compact. B. “Person” shall mean the States of Oregon and California, any individual and any other entity, public or private. C. “Water,” “waters” or “water resources” shall mean any water appearing on the surface of the ground in streams, lakes, or otherwise, and any water beneath the land surface or beneath the bed of any stream, lake, reservoir or other body of surface water within the boundaries of Goose Lake Basin. Article III.Distribution and Use of Water A. There are hereby recognized vested rights to the use of waters originating in Goose Lake Basin existing as of the effective date of this compact and established under the laws of California and Oregon. B. Except as provided in this article, this compact shall not be construed as affecting or interfering with appropriation under the laws of California and Oregon of unappropriated waters of Goose Lake Basin for use within the basin. C. Export of water from Goose Lake Basin for use outside the basin without prior consent of both state legislatures is prohibited. D. Each state hereby grants the right for a person to construct and operate facilities for the measurement, diversion, storage and conveyance of water from the Goose Lake Basin in one state for use within the basin in the other state, providing the right to such use is secured by appropriation under the general laws administered by the State Engineer of the State of Oregon or the Water Rights Board of California and the laws of the state from which the water is to be taken shall control. E. Should any facilities be constructed in one state to implement use of water in the other state, the construction, operation, repairs and replacement of such facilities shall be subject to the laws of the state in which the facilities are constructed. Article IV.Administration No commission or administrative body is necessary to administer this compact. Article V.Termination This compact may be terminated at any time by consent of the legislatures of California and Oregon and upon such termination all rights then established hereunder shall continue unimpaired. Article VI.General Provisions Nothing in this compact shall be construed to limit, or prevent any state from instituting or maintaining any action or proceeding, legal or equitable, in any court having jurisdiction thereof for the protection of any right under this compact or the enforcement of any of its provisions. Article VII.Ratification A. This compact shall become operative when ratified by the legislatures of California and Oregon and consented to by the Congress of the United States. B. This compact shall remain in full force and effect until amended in the same manner as is required for it to be ratified to become operative or until terminated. C. A copy of any proposed amendments to or termination of this compact shall be filed with the Board of Supervisors of Modoc County, California, and the County Court of Lake County, Oregon, at least 30 days prior to any legislative consideration by the legislatures of the States of California and Oregon. Article VIII.Federal Rights Nothing in this compact shall be deemed: A. To impair or affect the existing rights or powers of the United States of America, its agencies, or instrumentalities, in and to the use of the waters of the Goose Lake Basin nor its capacity to acquire rights in and to the use of said waters. B. To subject any property of the United States of America, its agencies or instrumentalities, to taxation by any state or subdivision thereof, nor to create an obligation on the part of the United States of America, its agencies or instrumentalities by reason of the acquisition, construction or operation of any property or works of whatsoever kind, to make any payments to any state or political subdivision thereof, state agency, municipality or entity, whatsoever in reimbursement for the loss of taxes. C. To subject any property of the United States of America, its agencies or instrumentalities, to the laws of any state to any extent other than the extent to which these laws would apply without regard to the compact. (Added by Stats. 1963, Ch. 1059.)
  112. 6.

    ## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    Headings in this code do not change the meaning, scope, or intent of its provisions.

    ## Water Code - WAT ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 368. ) ## 6. Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1943, Ch. 368.)
  113. 6000.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This chapter’s definitions control how this part is read, unless the context requires otherwise.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 6000. Unless the context otherwise requires, the definitions in this chapter govern the construction of this part. (Enacted by Stats. 1943, Ch. 368.)
  114. 60000.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Short Title [60000- 60000.] ( Chapter 1 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    This division is named the Water Replenishment District Act and may be cited by that name.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Short Title [60000- 60000.] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60000. This division shall be known and may be cited as the Water Replenishment District Act. (Added by Stats. 1955, Ch. 1514.)
  115. 60001.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    A word’s definition also applies to its variants.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60001. The definition of a word applies to any of its variants. (Added by Stats. 1955, Ch. 1514.)
  116. 60002.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    This section defines “include” to mean that listed items do not have to be exhaustive, except when the word is used about including land into a district.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60002. “Include” except when used in relation to the inclusion of land into a district does not necessarily exclude matters not enumerated. (Added by Stats. 1955, Ch. 1514.)
  117. 60003.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    “District” is defined as a water replenishment district formed under the Water Replenishment District Act or this division.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60003. “District” means a water replenishment district formed under the provisions of the Water Replenishment District Act, or this division. (Added by Stats. 1955, Ch. 1514.)
  118. 60004.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60004. “Board” means the board of directors of a district. (Added by Stats. 1955, Ch. 1514.)
  119. 60005.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    This section defines “land” for this part of the Water Code.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60005. “Land” means land in the district or proposed district involved. (Added by Stats. 1955, Ch. 1514.)
  120. 60006.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    “President” means the president of the board.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60006. “President” means the president of the board. (Added by Stats. 1955, Ch. 1514.)
  121. 60007.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    “Secretary” means the secretary of the board.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60007. “Secretary” means the secretary of the board. (Added by Stats. 1955, Ch. 1514.)
  122. 60008.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    This section defines “General water replenishment district election” as the election each district must hold at the general election in each even-numbered year.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60008. “General water replenishment district election” means the election required to be held in each district at the time of the general election in each even-numbered year. (Amended by Stats. 1984, Ch. 7, Sec. 1. Effective February 8, 1984.)
  123. 60009.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    “Special water district election” means any district election other than a general water replenishment district election.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60009. “Special water district election” means any district election other than a general water replenishment district election. (Added by Stats. 1955, Ch. 1514.)
  124. 60010.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    This section defines “elector,” “voter,” and “precinct board.” It also says an elector or voter must be a resident of the district or proposed district involved.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60010. “Elector,” “voter,” and “precinct board” have respectively the same meaning as in the Elections Code, but an “elector” or “voter” shall also be a resident of the district or proposed district involved. (Added by Stats. 1955, Ch. 1514.)
  125. 60011.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    This section defines “person” to include public agencies, public corporations, and private entities or individuals.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60011. “Person” means any public agency or public corporation, whether federal, state, or local, or any private corporation, firm, partnership, individual, or group of individuals. (Added by Stats. 1955, Ch. 1514.)
  126. 60012.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    This section defines “water replenishment district” as a special water replenishment district.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60012. “Water replenishment district” means a special water replenishment district. (Added by Stats. 1955, Ch. 1514.)
  127. 60013.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    “Water year” means the period from October 1 to September 30 of the following calendar year.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60013. “Water year” means the period commencing on October 1st of one calendar year and ending on September 30th of the calendar year immediately following. (Added by Stats. 1955, Ch. 1514.)
  128. 60014.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    “Fiscal year” means the period from July 1 to June 30 of the following calendar year.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60014. “Fiscal year” means the period commencing on July 1st of one calendar year and ending on June 30th of the calendar year immediately following. (Added by Stats. 1955, Ch. 1514.)
  129. 60015.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    This section defines “ground water” as nonsaline water beneath the ground’s surface, whether or not it flows through known channels.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60015. “Ground water” means nonsaline water beneath the surface of the ground, whether or not flowing through known and definite channels. (Amended by Stats. 1961, Ch. 585.)
  130. 60016.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    “Nonsaline water” means water with less than 1,000 parts of chlorides per 1,000,000 parts of water.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60016. “Nonsaline water” means water which has less than 1,000 parts of chlorides to 1,000,000 parts of water. (Amended by Stats. 1961, Ch. 585.)
  131. 60017.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    This section defines “production” or “producing” as extracting groundwater for beneficial uses, with listed exclusions.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60017. “Production” or “producing” means the extraction or extracting of ground water, by pumping or any other method, from shafts, tunnels, wells (including, but not limited to, abandoned oil wells), excavations, or other sources of such ground water, for domestic, municipal, irrigation, industrial, or other beneficial use, except that such terms shall not mean or include the extraction or extracting of ground water incidentally produced with oil in the production of oil or gas nor the extraction or extracting of ground water incidentally produced in a bona fide mining operation or in the bona fide construction of a tunnel for railroad, highway, aqueduct, pipeline, or other useful purpose (except the production of ground water for use or sale) unless the ground water so extracted shall be used or sold by the producer for domestic, municipal, irrigation, industrial, or other beneficial purpose. (Added by Stats. 1955, Ch. 1514.)
  132. 60018.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    This section defines “water-producing facility” as any device or method used to produce groundwater from groundwater supplies within a replenishment district.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60018. “Water-producing facility” means any device or method, mechanical or otherwise, for the production of ground water from the ground water supplies within a replenishment district. (Added by Stats. 1955, Ch. 1514.)
  133. 60019.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    This section defines “Owner” for this chapter.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60019. “Owner” means the person or persons owning any water-producing facility or any interest therein other than a lien to secure the payment of a debt or other obligation. (Added by Stats. 1955, Ch. 1514.)
  134. 6002.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section defines “dam” for the Water Code.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 6002. “Dam” means any artificial barrier, together with appurtenant works, which does or may impound or divert water, and which either (a) is or will be 25 feet or more in height from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum possible water storage elevation or (b) has or will have an impounding capacity of 50 acre-feet or more. (Amended by Stats. 1965, Ch. 1225.)
  135. 6002.5.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section defines “critical appurtenant structure” for water code purposes.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 6002.5. “Critical appurtenant structure” means a water surface barrier or hydraulic control structure that is 25 feet or more in height, that impounds 5,000 acre-feet of water or more, or that the department determines poses a significant downstream hazard potential. (Added by Stats. 2017, Ch. 26, Sec. 84. (SB 92) Effective June 27, 2017.)
  136. 60020.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    This section defines “operator” for a water-producing facility.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60020. “Operator” means the person or persons operating a water-producing facility; the owner thereof shall be conclusively presumed to be such operator unless satisfactory showing be made to the board of directors of the replenishment district that such water-producing facility actually is operated by some other person or persons. “Operator” shall mean any “person” mentioned in Section 60011 of this act who is operating a water-producing facility, it being the purpose of this act to include any such person within the provisions hereof. (Added by Stats. 1955, Ch. 1514.)
  137. 60021.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    “Producer” means any operator producing ground water.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60021. “Producer” means any operator producing ground water. (Added by Stats. 1955, Ch. 1514.)
  138. 60022.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    This section defines “annual overdraft” for a replenishment district.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60022. “Annual overdraft” means the amount, as determined by the board of directors of the replenishment district, by which the quantity of ground water removed by any natural or artificial means from the ground water supplies within such replenishment district during the water year exceeds the quantity of nonsaline water replaced therein by the replenishment of such ground water supplies in such water year by any natural or artificial means other than replenishment under the provisions of Part 6 of this act or by any other governmental agency or entity. (Amended by Stats. 1961, Ch. 585.)
  139. 60023.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    This section defines “accumulated overdraft” as the excess of groundwater removed over nonsaline water replaced in a replenishment district.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60023. “Accumulated overdraft” means the aggregate amount, as determined from time to time by the board of directors of the replenishment district, by which the quantity of ground water removed by any natural or artificial means from the ground water supplies within such replenishment district during all preceding water years shall have exceeded the quantity of nonsaline water replaced therein by the replenishment of such ground water supplies in such water years by any natural or artificial means, the respective determination to be based upon reports, records, and other data or evidence found by such board of directors to be adequate for the purpose of making such determination. (Added by Stats. 1955, Ch. 1514.)
  140. 60024.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    “Principal county” is defined as the county containing most of the land in a district or proposed district, or the single county if only one county is involved.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60024. “Principal county” means the county in which the greater portion of the land in a district or a proposed district is situated, if the district or proposed district is located in more than one county. If the district is situated in only one county then “principal county” shall mean that county. (Added by Stats. 1955, Ch. 1514.)
  141. 60025.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    “Participating county” means any county other than the principal county, when the district or proposed district spans more than one county.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60025. “Participating county” is any county other than the principal county in which the district or proposed district is situated, if the district or proposed district is located in more than one county. (Added by Stats. 1955, Ch. 1514.)
  142. 60026.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    “Affected county” means any county that contains some land of the district or proposed district.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60026. “Affected county” means each county in which some land of the district or proposed district is located. (Added by Stats. 1955, Ch. 1514.)
  143. 60027.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    “Replenishment assessment” means an assessment levied under Part 6 starting at Section 60300.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60027. “Replenishment assessment” means any assessment levied pursuant to Part 6 (commencing with Section 60300). (Added by Stats. 1990, Ch. 389, Sec. 1.)
  144. 60028.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    “Contaminant” means certain physical, chemical, biological, or radiological substances at a concentration that would significantly impair a domestic drinking water supply.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60028. “Contaminant” means any physical, chemical, biological, or radiological substance, or substances, of a concentration which, if contained in water, will cause a significant impairment to a domestic drinking water supply. (Added by Stats. 1990, Ch. 389, Sec. 2.)
  145. 60029.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    This section defines “existing agency” as certain public corporations, agencies, districts, or political subdivisions with the same powers as a replenishment district.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Definitions [60001 - 60029] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60029. “Existing agency” shall mean any public corporation, agency, district, or political subdivision created prior or subsequent to the formation of a replenishment district under this law and which has any of the same powers as a replenishment district. (Added by Stats. 1955, Ch. 1514.)
  146. 6003.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section defines when a barrier is not considered a dam and defines “weir” for this section.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 6003. (a) Any barrier that is or will be not in excess of six feet in height, regardless of storage capacity, or that has or will have a storage capacity not in excess of 15 acre-feet, regardless of height, shall not be considered a dam. (b) (1) Any barrier that does not impound water above the top of a levee where maximum storage behind the barrier has a minimum of three feet of freeboard on the levee and is a weir shall not be considered a dam. (2) This subdivision shall apply only to Peoples Weir, Reynolds Weir, Last Chance Weir, Lemoore Diversion Weir, Island Weir, Crescent Weir, Stinson Weir, Empire Weir No. 1, and Empire Weir No. 2. (c) For purposes of this section, a “weir” is defined as an agricultural water delivery structure with either mechanically or manually removable flashboards or gates that serves to regulate the flow of water in a stream and that functions as part of a federal flood control system as defined by Part 208 (commencing with Section 208.10) of Chapter II of Title 33 of the Code of Federal Regulations. (Amended by Stats. 2025, Ch. 617, Sec. 1. (AB 639) Effective January 1, 2026.)
  147. 6004.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section defines several water-control terms and excludes certain structures from being treated as dams. It also requires regulating-basin owners or operators to file an inundation map, inspect every two years, and notify emergency authorities immediately if failure is identified or likely.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 6004. (a) An obstruction in a canal used to raise or lower water therein or divert water therefrom, a levee, including, but not limited to, a levee on the bed of a natural lake with the primary purpose to control floodwaters, a railroad fill or structure, a road or highway fill or structure, a circular tank constructed of steel or concrete, or both, a tank elevated above the ground, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal purpose of impounding water for agricultural use shall not be considered a dam. (b) An obstruction in the channel of a stream or watercourse that is 15 feet or less in height from the lowest elevation of the obstruction and that has the single purpose of spreading water within the bed of the stream or watercourse upstream from the obstruction for percolation underground shall not be considered a dam. (c) The levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta, as defined in Section 12220, even when used to impound water, shall not be considered a dam and the impoundment shall not be considered a reservoir if the maximum possible water storage elevation of the impounded water does not exceed four feet above mean sea level, as established by the United States Geological Survey 1929 datum. (d) A noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of the third class by a public agency, under the supervision of a civil engineer registered in the state, that does not exceed 75 acre-feet in capacity or 30 feet in height, and a barrier that is not across a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage sludge drying facility, shall not be considered a dam. (e) (1) A regulating basin owned or operated by a public entity that is not across a stream channel, watercourse, or natural drainage shall not be considered a dam if all of the following criteria are met: (A) The barrier constructed to form the regulating basin has a height of no more than 15 feet from the crest to the lowest downstream elevation where the barrier meets natural ground. (B) The regulating basin has a storage capacity of no more than 1,500 acre-feet. (C) The regulating basin, at the time of construction, does not have a downstream hazard classification of “high” or “extremely high,” based upon the department’s criteria for those determinations. (D) The regulating basin is designed, and its construction is overseen, by a licensed civil engineer. (E) The regulating basin is compliant with the general plan of the county in which it is located. (2) In order for a regulating basin to qualify for the exclusion under paragraph (1), the owner or operator of the regulating basin shall do all of the following: (A) Before the construction of the regulating basin, submit to the department an inundation map, stamped by a licensed civil engineer, identifying the flow and depth of water from the regulating basin in the event of a failure of a barrier constructed to form the regulating basin. (B) Undertake an inspection, conducted by a licensed civil engineer, of all barriers and all appurtenant structures of the regulating basin every two years following the regulating basin’s construction, and make the report available on the operating agency’s internet website. (C) Immediately upon the identification of a failure or the risk of failure of a barrier or works critical to the safe operation of the regulating basin, notify the county sheriff and local emergency managers of all properties likely to be impacted by a failure, in accordance with the identification of those properties on the map submitted pursuant to subparagraph (A). (f) For purposes of this section, the following definitions apply: (1) “Licensed civil engineer” means a civil engineer licensed pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code. (2) “Natural drainage” means a land area over which seasonal precipitation or natural spring water accumulates and is channelized directly into a stream or watercourse. (3) “Regulating basin” means a reservoir constructed to impound and manage the inflow and delivery of water for agricultural uses or for the purpose of groundwater recharge or other actions undertaken to implement the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6). (Amended by Stats. 2022, Ch. 943, Sec. 1. (AB 1164) Effective January 1, 2023.)
  148. 6004.5.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    “Reservoir” is defined as any reservoir that contains, or will contain, water impounded by a dam.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 6004.5. “Reservoir” means any reservoir which contains or will contain the water impounded by a dam. (Added by Stats. 1965, Ch. 1225.)
  149. 60040.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    All districts are subject to this division’s provisions, no matter when they were formed.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60040. Districts, regardless of the date of formation, are subject to the provisions of this division. (Added by Stats. 1955, Ch. 1514.)
  150. 60041.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    Adding or annexing an existing agency’s corporate area to a replenishment district does not destroy the agency’s identity or legal existence, or impair its powers.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60041. The inclusion in or annexation or addition to a replenishment district, of the corporate area of any existing agency, shall not destroy the identity or legal existence or impair the powers of any such existing agency, notwithstanding the identity of purpose, or substantial identity of purpose, of such replenishment district. (Added by Stats. 1955, Ch. 1514.)
  151. 60042.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    If this division requires a notice to be published for a set number of weeks, it only has to be published on one day each week and only as many times as the number of weeks designated.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60042. Whenever by this division a notice is required to be published for a designated number of weeks or once a week for a designated number of weeks, the notice need be published on only one day of each week, and for only the same number of times as the number of weeks designated. (Added by Stats. 1955, Ch. 1514.)
  152. 60043.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    If an act or proceeding is due on a particular day in a month, it may instead be handled on a different day set for a regular board meeting.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60043. Whenever any act is required to be done or proceeding taken on or set for a particular day or day of the week in any month, the act may be done or proceeding set for and acted upon on a day of the month otherwise specified for a regular meeting of the board. (Amended by Stats. 1985, Ch. 536, Sec. 1.)
  153. 60044.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    A district may be organized entirely or partly in unincorporated and incorporated territory, and in one or more counties in this State.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60044. A district may be organized entirely within unincorporated territory, or partly within unincorporated territory and partly within incorporated territory, and within one or more counties in this State. (Added by Stats. 1955, Ch. 1514.)
  154. 60045.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    An area already in an existing water agency with groundwater-replenishment purposes and assessment or charge power cannot be included in a replenishment district or its annexations.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60045. No area included within any existing agency or annexations thereto, one of the purposes of which is replenishing the ground water supplies within such existing agency and which agency is empowered to levy assessments or charges upon the production of water from such ground water supplies, shall be included within any replenishment district or annexations thereto created or annexed under this division. (Added by Stats. 1955, Ch. 1514.)
  155. 60046.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    This chapter governs how this division is to be construed, unless the context requires otherwise.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60046. Unless the context otherwise requires, the provisions of this chapter shall govern the construction of this division. (Added by Stats. 1955, Ch. 1514.)
  156. 60047.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    This division applies to groundwater replenishment statewide, except in areas within the Orange County Water District.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60047. The provisions of this division apply to the replenishment of ground water within all areas in this state, except those areas therein now or hereafter included within the Orange County Water District as provided by the Orange County Water District Act. The Legislature finds and declares that the problems of providing replenishment of the underground basin in the area of the Orange County Water District are peculiar to that area and for that reason it is necessary to deal specially with such area, and that this fact was recognized by the Legislature when it enacted the Orange County Water District Act and the amendments thereto to provide for such problems in that area. (Amended by Stats. 1965, Ch. 389.)
  157. 60048.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    Informality in a proceeding or election does not invalidate certain district actions unless it substantially and adversely affects a citizen’s legal rights. Any court action challenging the validity of an incorporation, annexation, exclusion, or disincorporation must be started within three months of the relevant certificate or disincorporation order.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60048. No informality in any proceeding or informality in the conduct of any election, not substantially affecting adversely the legal rights of any citizen, shall be held to invalidate any incorporation, annexation, exclusion, or other action under this act. Any action or proceeding wherein the validity of any such incorporation, annexation, exclusion or disincorporation is denied or questioned, shall be commenced within three (3) months from the date of the certificate of incorporation, annexation or exclusion issued by the Secretary of State, or from the date of the order of the board of supervisors declaring the disincorporation, as the case may be; otherwise, said actions and/or proceedings in respect thereto shall be held to be valid, and in every respect legal and incontestable. (Added by Stats. 1955, Ch. 1514.)
  158. 6005.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section defines “owner” for dams and reservoirs and excludes the United States.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 6005. “Owner” includes any of the following who own, control, operate, maintain, manage, or propose to construct a dam or reservoir: (a)The state and its departments, institutions, agencies, and political subdivisions. (b) Every municipal or quasi-municipal corporation. (c) Every public utility. (d) Every district. (e) Every person. (f) The duly authorized agents, lessees, or trustees of any of the foregoing. (g) Receivers or trustees appointed by any court for any of the foregoing. “Owner” does not include the United States. (Amended by Stats. 1965, Ch. 1225.)
  159. 60050.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    If part of this act is held unconstitutional, the rest of the act remains valid.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60050. If any section, subsection, subdivision, sentence, clause or phrase of this act, or of the act or acts of which this act is amendatory or supplemental, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The Legislature hereby declares that it would have passed this act, and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases of the act or acts of which this act is amendatory or supplemental, be declared unconstitutional. If any section, subsection, subdivision, sentence, clause or phrase of this act for any reason be held to be unconstitutional and such unconstitutional provision shall have purported to repeal or amend any provision of the acts or acts of which this act is amendatory or supplemental, the provision existing and in force at the time of the enactment of this act shall remain and be in full force and effect notwithstanding such purported repeal or amendment. (Added by Stats. 1955, Ch. 1514.)
  160. 60051.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    This section says the division must not be read to limit or reduce existing water rights or the rights of existing agencies or persons, including in pending legal proceedings involving water rights or their protection.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. General Provisions [60040 - 60051] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60051. No language or provision in this division shall be interpreted or construed so as to limit, abridge or otherwise affect the water or water rights of any existing agency or person or affect the rights of existing agencies or persons with respect to any legal proceeding pending on May 1, 1955, wherein any water or water right or the protection thereof is involved; provided, however, that nothing in this section shall be construed to limit the provisions of subdivision (7) of Section 60230 of this division. (Added by Stats. 1955, Ch. 1514.)
  161. 6006.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    “Alterations” and “repairs” means only changes or repairs that may affect dam or reservoir safety.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 6006. “Alterations,” “repairs,” or either of them, mean only such alterations or repairs as may affect the safety of the dam or reservoir. (Amended by Stats. 1965, Ch. 1225.)
  162. 60060.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Information by Department [60060 - 60061] ( Chapter 4 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    The department must supply information, as far as practicable, to people considering forming districts.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Information by Department [60060 - 60061] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60060. The department shall supply information so far as it may be practicable to persons contemplating the formation of districts. (Amended by Stats. 1957, Ch. 1932.)
  163. 60061.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Information by Department [60060 - 60061] ( Chapter 4 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    If the department decides it is in the public interest, it must make preliminary surveys and field investigations for a proposed district project at State expense.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 1. INTRODUCTORY PROVISIONS [60000 - 60061] ( Part 1 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Information by Department [60060 - 60061] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60061. Whenever the department deems it in the public interest that preliminary surveys and field investigations of a proposed district project should be made at the expense of the State, the department shall make the surveys and field investigations. (Added by Stats. 1955, Ch. 1514.)
  164. 6007.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section defines “enlargement” for a dam or reservoir.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 6007. “Enlargement” means any change in or addition to an existing dam or reservoir, which raises or may raise the water storage elevation of the water impounded by the dam or reservoir. (Amended by Stats. 1965, Ch. 1225.)
  165. 6008.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section defines “water storage elevation” for dams and reservoirs.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 6008. Water storage elevation means that elevation of water surface which could be obtained by the existing dam or reservoir, as previously operated, were there no outflow and were the reservoir full of water. (Amended by Stats. 1965, Ch. 1225.)
  166. 60080.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Petition for Formation [60080 - 60083] ( Chapter 1 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    A petition to form a proposed water replenishment district must be filed with the county elections official of the principal county and signed by enough registered voters.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Petition for Formation [60080 - 60083] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60080. A petition, which may consist of any number of separate instruments, shall be filed with the county elections official of the principal county in which the proposed water replenishment district is located, signed by registered voters residing within the boundaries of the proposed district equal in number to at least 10 percent of the number of the voters residing within the proposed district; provided, that where the proposed district is situated partly in different counties, the petition must be signed by at least 10 percent of the voters of each area situated within each county, and each petition shall clearly designate in which affected county it was circulated, and each petition shall contain names only of the voters of the affected county in which the petition was circulated. (Amended by Stats. 2002, Ch. 221, Sec. 179. Effective January 1, 2003.)
  167. 60081.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Petition for Formation [60080 - 60083] ( Chapter 1 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    A formation petition for a water replenishment district must describe the district boundaries, explain the reasons for formation, ask to be organized under the act, and propose a district name. It must also include a limit on the annual property tax rate, capped at $0.20 per $100 of assessed valuation unless later changed by a majority vote of electors.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Petition for Formation [60080 - 60083] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60081. Such petition shall describe the proposed boundaries of the district, recite the reasons for the proposed formation, pray that the same be organized under this act, and propose a name by which such district shall be known. The persons seeking to organize a district shall include in the petition a statement limiting the annual property tax rate, not to exceed twenty cents ($0.20) for each one hundred dollars ($100) of assessed valuation, which may be levied by the board for the purpose of purchasing water for replenishment purposes, and the board shall thereafter be limited to the rate so fixed in the petition for formation, unless a majority of the electors voting at an election held for that purpose later change the rate so fixed in the petition. (Added by Stats. 1955, Ch. 1514.)
  168. 60082.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Petition for Formation [60080 - 60083] ( Chapter 1 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    If a proposed district spans more than one county, the principal county’s elections official must immediately send the petitions for each participating county to the elections officials of those counties.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Petition for Formation [60080 - 60083] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60082. If the proposed district is situated in more than one county, the county elections official of the principal county shall immediately transmit to the county elections officials of the participating counties the petitions containing the signatures of the voters of each participating county. (Amended by Stats. 2002, Ch. 221, Sec. 180. Effective January 1, 2003.)
  169. 60083.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Petition for Formation [60080 - 60083] ( Chapter 1 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    County elections officials in affected counties must review a formation petition within 30 days, determine whether it has enough voter signatures, attach dated certificates, and send those certificates to the principal county’s elections official.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Petition for Formation [60080 - 60083] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60083. Within 30 days of the date of filing the petition with the county elections official of the principal county, the county elections officials of the affected counties shall examine the petition and ascertain whether or not the petition is signed by the requisite number of voters within the county. When the county elections officials of the affected counties have completed their examination of the petition, they shall each attach to the petition their certificates, properly dated, showing the results of the examination, and if from the examination they shall find that the petition is signed by the requisite number of voters residing within the boundaries of that portion of the proposed district within the affected county, or is not so signed, they shall certify the petition as sufficient or insufficient, as the case may be, and the certificates shall forthwith be transmitted to the county elections official of the principal county. (Amended by Stats. 2002, Ch. 221, Sec. 181. Effective January 1, 2003.)
  170. 6009.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    This section defines “State jurisdictional dam” as a dam not wholly under federal control.

    ## Water Code - WAT ## DIVISION 3. DAMS AND RESERVOIRS [6000 - 6700] ( Heading of Division 3 amended by Stats. 1965, Ch. 1225. ) ## PART 1. SUPERVISION OF DAMS AND RESERVOIRS [6000 - 6470] ( Heading of Part 1 amended by Stats. 1965, Ch. 1225. ) ## CHAPTER 1. Definitions [6000 - 6009] ( Chapter 1 enacted by Stats. 1943, Ch. 368. ) ## 6009. “State jurisdictional dam” means a dam not wholly under the control of the federal government. (Added by Stats. 2017, Ch. 26, Sec. 85. (SB 92) Effective June 27, 2017.)
  171. 60095.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings on Formation [60095 - 60102] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    If the filed certificates show the petition is sufficient, the county elections official of the principal county must submit the petition and the affected counties’ certificates to the principal county’s board of supervisors.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings on Formation [60095 - 60102] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60095. If the certificates of the county elections officials of each affected county as filed with the county elections official of the principal county show the petition to be sufficient, the county elections official of the principal county shall present the petition, together with the certificates of the county elections officials of the affected counties to the board of supervisors of the principal county. (Amended by Stats. 2002, Ch. 221, Sec. 182. Effective January 1, 2003.)
  172. 60096.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings on Formation [60095 - 60102] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    When the petition and certificates are presented, the board of supervisors of the principal county must immediately file a copy of the petition with the department.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings on Formation [60095 - 60102] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60096. Upon presentation of such petition and certificates, the board of supervisors of the principal county shall immediately file a copy of such petition with the department. (Amended by Stats. 1957, Ch. 1932.)
  173. 60097.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings on Formation [60095 - 60102] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    After a petition is filed, the department must schedule a public hearing within 60 days.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings on Formation [60095 - 60102] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60097. Upon filing such petition with the department said department shall set the same for a public hearing within sixty (60) days, said hearing to determine whether or not other lands should be included within the proposed district, or whether some lands which are included should be excluded, and whether the proposed district, as modified by inclusions and exclusions, will be of benefit generally to all persons or property which rely directly or indirectly upon the use of or right to use the ground water supplies within such proposed district. (Added by Stats. 1955, Ch. 1514.)
  174. 60098.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings on Formation [60095 - 60102] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    The department must publish the petition, the names of five signers, and notice of the hearing’s time, place, and purpose in each affected county.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings on Formation [60095 - 60102] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60098. The department shall publish one copy of said petition, along with names of five of the persons signing such petition, together with a notice of the time, place and purpose of such hearing, and the same shall be published within each affected county pursuant to Section 6066 of the Government Code. (Amended by Stats. 1957, Ch. 357.)
  175. 60099.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings on Formation [60095 - 60102] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    At the public hearing, the department must hear all relevant evidence about adding or excluding land from the proposed district and about the benefits of the ground water replenishment program.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings on Formation [60095 - 60102] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60099. At said public hearing which may be adjourned from time to time, the department shall hear all evidence relevant to the inclusion of additional lands in or the exclusion of lands from the proposed district, as well as all evidence relevant to the benefits to be derived by the persons or property within said proposed district by a ground water replenishment program. (Added by Stats. 1955, Ch. 1514.)
  176. 60100.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings on Formation [60095 - 60102] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    If the department decides additional land should be included in the proposed district, it must promptly set a public hearing date and publish notice in each affected county.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings on Formation [60095 - 60102] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60100. In the event the department determines that additional land should be included in the proposed district, it shall forthwith set a date for a public hearing to determine whether or not such land should be included. Notice of such hearing shall be published pursuant to Section 6066 of the Government Code in each affected county in which the proposed land is to be included, and said notice shall contain time, place and purpose of such hearing, and shall describe the land so proposed to be included in the proposed district. In the event such hearing is held to consider the inclusion of additional land the department shall hear all evidence relevant to the inclusion of such additional land and the benefits to be derived by the persons or property within said land so to be included in the proposed district. (Amended by Stats. 1957, Ch. 357.)
  177. 60101.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings on Formation [60095 - 60102] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    After the hearings, the department must determine which lands will be in the proposed district and whether the people or property in that district will benefit from groundwater use or replenishment, then file that determination with the county board of supervisors.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings on Formation [60095 - 60102] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60101. Within thirty (30) days after concluding all said hearings, but in any event within six (6) months of the filing of said petition with said department, the department shall make its determination of the lands to be included within the proposed district and state whether or not the persons or property within such proposed district will benefit directly or indirectly from the use or right to use the ground water supplies within such proposed district and the replenishment thereof, and this determination shall be filed with the board of supervisors of the principal county. (Added by Stats. 1955, Ch. 1514.)
  178. 60102.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings on Formation [60095 - 60102] ( Chapter 2 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    If the department makes an adverse benefit determination, the board of supervisors must take no further action; the petition and report are filed as a public record, and a new petition cannot be filed for six months.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings on Formation [60095 - 60102] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60102. If the department determines that the persons or property within the proposed boundaries of the district will not benefit directly or indirectly from the use of or right to use the ground water supply therein and the replenishment thereof, the board of supervisors of the principal county will take no further action, but the petition and report will be filed as a public record without prejudice to the filing of a new petition for organization of a water replenishment district, except that no such new petition shall be filed within six months after any such adverse determination by the department. (Added by Stats. 1955, Ch. 1514.)
  179. 60110.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Calling an Election [60110 - 60111] ( Chapter 3 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    If the department finds the proposed district will benefit from the groundwater or replenishment waters, the county board of supervisors must divide the district into five divisions and voters must elect one resident director for each division.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Calling an Election [60110 - 60111] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60110. If the department determines that the persons or property within a proposed district will benefit directly or indirectly from the use of or right to use the ground water supplies therein or the replenishment waters thereof, the board of supervisors of the principal county shall forthwith divide the proposed district into five (5) divisions, according to and based upon the population, as estimated by the board of supervisors of the principal county from the register of voters used at the last general election, in such manner as to equalize, as nearly as practicable, the population in the respective divisions. Such divisions shall be numbered first, second, third, fourth, fifth, and one director, who shall be a resident thereof, shall be elected for each division by the voters thereof, and shall take office as hereinafter provided. (Added by Stats. 1955, Ch. 1514.)
  180. 60111.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Calling an Election [60110 - 60111] ( Chapter 3 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    The board of supervisors must arrange an election for the proposed district once the district is divided into five divisions.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Calling an Election [60110 - 60111] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60111. When such order dividing the proposed district into five (5) divisions is made, said board of supervisors shall call and provide for the holding of an election to be held in said proposed district for the purpose of determining whether or not the same shall be incorporated, and for the purpose of electing the first board of directors, if the district is incorporated. The election shall be held on the next established election date not less than 74 days from the date of the adoption of the resolution or ordinance calling the election. The notice of such election shall describe the boundaries of the proposed district, as modified by the report of the department, and of the divisions thereof as so established, and shall state the proposed name of the proposed district (which name shall contain the words “____ Water Replenishment District”), and shall state that the first directors will be elected at such election, who shall take office if the district is incorporated, and shall set forth the names of the candidates of the offices of the directors from the respective divisions. The notice of election shall be published in each affected county pursuant to Section 6061 of the Government Code. Publication shall be complete at least seven, but not more than 28, days prior to the date of the election. (Amended by Stats. 1973, Ch. 1146.)
  181. 60120.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Conduct of Election [60120 - 60125] ( Chapter 4 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    Elections Code provisions govern general and special water district elections, unless this act says otherwise.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Conduct of Election [60120 - 60125] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60120. The provisions of the Elections Code so far as they may be applicable shall govern all general and special water district elections, except as in this act otherwise provided. (Added by Stats. 1955, Ch. 1514.)
  182. 60121.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Conduct of Election [60120 - 60125] ( Chapter 4 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    In this election, candidates must declare their candidacy, and only persons who meet Elections Code voter qualifications may vote.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Conduct of Election [60120 - 60125] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60121. In such election the first directors shall be elected, and the following measure shall be submitted: “Shall the proposition to organize ____ Water Replenishment District under the Water Replenishment District Act be adopted?” The candidates shall declare their candidacy and shall be nominated, the election shall be held and conducted, the vote canvassed, the result declared and the certificate of election issued in accordance with the provisions of the Elections Code, so far as they may be applicable, except as in this act otherwise provided. No person shall be entitled to vote at any election under the provisions of this act unless such person possesses all of the qualifications required of voters under the Elections Code. (Added by Stats. 1955, Ch. 1514.)
  183. 60122.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Conduct of Election [60120 - 60125] ( Chapter 4 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    After the election, the principal county board must canvass the vote within 7 days, and if a majority supports organizing the district, it must declare the territory organized and have the county clerk record a certificate.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Conduct of Election [60120 - 60125] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60122. Within seven (7) days after such election the vote shall be canvassed by said board of supervisors of the principal county. If a majority of the votes cast in such election shall be in favor of organizing such district, said board shall, by order, entered on its minutes, declare the territory included within the proposed boundaries duly organized, as a water replenishment district under the name theretofore designated, and the county clerk of the principal county shall immediately cause to be recorded in the offices of the county recorders of each affected county a certificate stating that such proposition was adopted. (Amended by Stats. 1963, Ch. 457.)
  184. 60122.5.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Conduct of Election [60120 - 60125] ( Chapter 4 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    The county clerk of the principal county must immediately file a certificate with the Secretary of State listing the district’s name, formation date, and location/boundary information.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Conduct of Election [60120 - 60125] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60122.5. The county clerk of the principal county shall immediately cause to be filed with the Secretary of State a certificate listing: (a) The name of the district. (b) The date of formation. (c) The county or counties in which the district is located, and a description of the boundaries of the district, or reference to a map showing such boundaries, which map shall be attached to the certificate, or reference to the county recorder’s office where a description of such boundaries has been recorded. If the order declaring the district organized contains all of the information required to be in the certificate, the county clerk may file a copy of the order in lieu of the certificate. (Added by Stats. 1963, Ch. 457.)
  185. 60123.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Conduct of Election [60120 - 60125] ( Chapter 4 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    The Secretary of State must issue a certificate within 10 days after receiving the required certificate or order, and send a copy to each affected county clerk.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Conduct of Election [60120 - 60125] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60123. Upon receipt of said certificate or a copy of the order declaring the district organized, the Secretary of State shall, within ten (10) days, issue his certificate reciting that the named water replenishment district has been duly incorporated according to the laws of the State of California. A copy of such certificate shall be transmitted to and filed with the county clerk of each affected county. (Amended by Stats. 1963, Ch. 457.)
  186. 60124.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Conduct of Election [60120 - 60125] ( Chapter 4 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    After the required filing with the Secretary of State, the district is treated as incorporated as a water replenishment district.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Conduct of Election [60120 - 60125] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60124. Upon filing said certificate of the county clerk of the principal county, or a copy of the order declaring the district organized, with the Secretary of State, the district shall be deemed incorporated as a water replenishment district, with all the rights, privileges and powers set forth in this act. (Amended by Stats. 1963, Ch. 457.)
  187. 60125.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Conduct of Election [60120 - 60125] ( Chapter 4 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    Informal defects in an election or proceeding do not invalidate a district’s incorporation unless they substantially harm a citizen’s legal rights. Challenges to the validity of incorporation must be started within 3 months after the certificate of incorporation.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 2. FORMATION [60080 - 60125] ( Part 2 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Conduct of Election [60120 - 60125] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60125. No informality in any proceeding or informality in the conduct of any election, not substantially affecting adversely the legal rights of any citizen, shall be held to invalidate the incorporation of any district, and any proceedings, wherein the validity of such incorporation is denied, shall be commenced within three (3) months from the date of the certificate of incorporation, otherwise said incorporation and the legal existence of said district and all proceedings in respect thereto shall be held to be valid and in every respect legal and incontestable. (Added by Stats. 1955, Ch. 1514.)
  188. 60130.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    If most votes in the election favor organizing the district, the director candidates with the most votes in each division are elected as district directors.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60130. If a majority of the votes cast at such election are in favor of organizing such district, the persons voted for as directors who receive the highest number of votes within the respective divisions shall be duly elected as directors of the district. (Added by Stats. 1955, Ch. 1514.)
  189. 60131.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    A district board must have five members, and each division gets one director who must live in that division.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60131. The board of a district organized under this act shall consist of five members, and one director, who shall be a resident of the division, shall be elected by the voters thereof, for each of the five divisions of such district, which divisions shall be numbered first, second, third, fourth and fifth, and shall be established as provided in Section 60110 of this act. (Added by Stats. 1955, Ch. 1514.)
  190. 60132.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    The board of directors must adjust division boundaries by resolution and follow the referenced Elections Code chapter.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60132. The board of directors shall, by resolution, adjust the boundaries of any divisions pursuant to Chapter 8 (commencing with Section 22000) of Division 21 of the Elections Code. (Repealed and added by Stats. 1998, Ch. 435, Sec. 12. Effective January 1, 1999.)
  191. 60133.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    The first board’s members must be elected according to Chapter 3 of Part 2, and later successors must be elected or chosen according to the times and manner set out here.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60133. The members of the first board shall be elected at the time and in the manner provided in Chapter 3 of Part 2 of this act, and their successors shall be elected or chosen at the times and in the manner hereinafter provided. (Added by Stats. 1955, Ch. 1514.)
  192. 60134.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    Each director serves a four-year term starting when they take office, and stays in office until a successor is elected and qualified.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60134. Each director shall hold office for the term of four (4) years from and after the date for his taking of office, as herein provided, and until the election and qualification of his successor, except that the five members of the first board shall classify themselves by lot so that two of them shall hold office until the qualification of, and taking office by, their successors elected at an election held in the next succeeding even-numbered year, and so that three shall hold office until the qualification of, and taking of office by, their successors elected at an election held in the second succeeding even-numbered year. (Added by Stats. 1955, Ch. 1514.)
  193. 60135.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    All districts must hold director elections at the general election and consolidate them with it, except for the first board election.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60135. In the case of all districts (except as to the election of the first board) the elections of directors shall be held at the time of the general election and shall be consolidated therewith. (Amended by Stats. 1984, Ch. 7, Sec. 1.5. Effective February 8, 1984.)
  194. 60136.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    A candidate for director who receives a plurality of the ballots cast at the directors’ election is elected to the office.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60136. Each candidate for director who at the election of directors receives votes on a plurality of all the ballots cast for candidates for the office for which he or she seeks election shall be elected to that office. (Amended by Stats. 1984, Ch. 7, Sec. 2. Effective February 8, 1984.)
  195. 60138.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. )

    Verify source ↗

    Candidates must declare their candidacy and follow the same election procedures used for county officers, unless this act expressly provides otherwise.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60138. Candidates shall declare their candidacy and shall be nominated, election returns shall be canvassed, the election shall be held and conducted, the results shall be declared, and the certificates of election shall be issued, in the same manner as the declaration of candidacy, nomination, election, canvassing of returns, declaration of results, and issuance of certificates of election for county officers are made, declared, held, and conducted, and issued, so far as consistent with the provisions of this act and except as otherwise herein expressly provided. (Added by Stats. 1955, Ch. 1514.)
  196. 60139.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. )

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    Directors elected under this section, except the first board, must take office when county officers do under the Government Code.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60139. Directors elected hereunder, except the first board, shall take office at the same time provided by the Government Code for county officers. (Added by Stats. 1955, Ch. 1514.)
  197. 60140.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. )

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    This section names two types of elections for water replenishment districts: certain consolidated general-election director elections are called the general water replenishment district election, and other elections authorized by the listed laws are called special water replenishment district elections.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60140. The election of directors held at the time of the general election and consolidated therewith shall be known as the general water replenishment district election, and each other election which may be held by authority of this division or the Elections Code or other law applicable thereto shall be known as a special water replenishment district election. (Amended by Stats. 1984, Ch. 7, Sec. 4. Effective February 8, 1984.)
  198. 60141.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. )

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    If only one person is nominated for each open board seat 65 days before the district general election, the board must cancel the election and the county board of supervisors must appoint the nominees.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60141. If, on the sixty-fifth day prior to the day fixed for the district general election, only one person has been nominated for each office of member of the board to be filled at that election, said board shall by resolution entered in their minutes order that an election shall not be held, and shall immediately request that the board of supervisors of the principal county, at a regular or special meeting held prior to the day of election, appoint, and the board of supervisors shall thereupon appoint, to the office or offices the person or persons who have been nominated. The person appointed shall qualify and take office and serve exactly as if elected at a district general election. In such case, the publication provided for in Section 60111 shall, instead of calling an election, state that no election is to be held but that the board of supervisors will appoint those nominated for the positions of directors. (Added by Stats. 1955, Ch. 1514.)
  199. 60141.1.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. )

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    A notice about the appointment must be published once in a newspaper of general circulation in the district.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60141.1. Notice that such appointment may be made in the event that only one nomination is made, shall be published in a newspaper of general circulation in the district, once, not less than seven days and not more than 14 days prior to the final day on which nominations may be made. (Added by Stats. 1961, Ch. 523.)
  200. 60143.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. )

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    Each director may receive up to $100 per day for board attendance or board-requested service, plus reimbursable expenses subject to the Government Code.

    ## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 3. INTERNAL ORGANIZATION [60130 - 60217] ( Part 3 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Directors [60130 - 60144] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60143. Each director shall receive compensation in an amount not exceeding one hundred dollars ($100) for each day’s attendance at meetings of the board or for each day’s service rendered as a director by request of the board, not exceeding a total of six days in any calendar month, together with any expenses incurred in the performance of his or her duties required or authorized by the board. For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. (Amended by Stats. 2005, Ch. 700, Sec. 37. Effective January 1, 2006.)

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