Water Code

Part 36 of 51 · provisions 7,001–7,200

This section says the act is called the Water Code.

Jurisdiction: United States — California
Instrument: Code
Citation: WAT
Version: Undated source snapshot
Language: en
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About this statute

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

60144.
## 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 there is a vacancy on the board, it must be filled under Government Code Section 1780, and the person chosen must be a resident and otherwise qualified to be a director from the division where the vacancy occurs.

## 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. ) ## 60144. Any vacancy in the board shall be filled pursuant to Section 1780 of the Government Code. The person so chosen shall be a resident of and otherwise qualified to be a director from the division in which the vacancy shall occur. (Amended by Stats. 1975, Ch. 1059.)
60150.
## 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 2. Board of Directors [60150 - 60155] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
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The board must serve as the governing body of 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 2. Board of Directors [60150 - 60155] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60150. The board shall be the governing body of such district. (Added by Stats. 1955, Ch. 1514.)
60151.
## 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 2. Board of Directors [60150 - 60155] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
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The board of directors must hold its first meeting promptly after the first board is elected and certified, no later than the sixth Monday after the first election of directors, choose one member as president, and set the time, place, and calling method for special meetings.

## 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 2. Board of Directors [60150 - 60155] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60151. It shall hold its first meeting as soon as possible after the election and certification of the first board and not later than the sixth Monday after the date of the first election of directors as herein provided; it shall choose one of its members president, and shall thereupon provide for the time and place of holding its meetings and the manner in which its special meetings may be called. (Added by Stats. 1955, Ch. 1514.)
60153.
## 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 2. Board of Directors [60150 - 60155] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
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A majority of the board is required to make a quorum for business.

## 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 2. Board of Directors [60150 - 60155] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60153. A majority of the board shall constitute a quorum for the transaction of business. (Added by Stats. 1955, Ch. 1514.)
60154.
## 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 2. Board of Directors [60150 - 60155] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
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At the first January meeting in each odd-numbered year, the board must choose one of its members as president.

## 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 2. Board of Directors [60150 - 60155] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60154. At its first meeting in the month of January of each odd-numbered year, the board shall choose one of its members president. (Added by Stats. 1955, Ch. 1514.)
60155.
## 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 2. Board of Directors [60150 - 60155] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
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The board must choose one or more depositories to hold district funds, and those depositories must provide security and pay treasurer warrants under rules set by the 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 2. Board of Directors [60150 - 60155] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60155. The board shall designate a depository or depositories to have the custody of the funds of the district, all of which depositories shall give security sufficient to secure the district against possible loss, and who shall pay the warrants drawn by the treasurer for demands against the district under such rules as the directors may prescribe. (Added by Stats. 1955, Ch. 1514.)
60160.
## 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 3. Board Action [60160 - 60167] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
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The board may act only by ordinance, resolution, or motion.

## 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 3. Board Action [60160 - 60167] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60160. The board shall act only by ordinance, resolution, or motion. (Added by Stats. 1955, Ch. 1514.)
60161.
## 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 3. Board Action [60160 - 60167] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
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For ordinances, the board must call the roll and record the ayes and noes in its journal.

## 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 3. Board Action [60160 - 60167] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60161. On all ordinances the roll shall be called and the ayes and noes recorded in the journal of the proceedings of the board. (Added by Stats. 1955, Ch. 1514.)
60162.
## 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 3. Board Action [60160 - 60167] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
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Resolutions and motions may be adopted by voice vote, but any member may demand a roll call.

## 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 3. Board Action [60160 - 60167] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60162. Resolutions and motions may be adopted by voice vote, but on demand of any member the roll shall be called. (Added by Stats. 1955, Ch. 1514.)
60163.
## 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 3. Board Action [60160 - 60167] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
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An ordinance, motion, or resolution can only be passed or take effect if a majority of the board members vote yes.

## 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 3. Board Action [60160 - 60167] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60163. No ordinance, motion or resolution shall be passed or become effective without the affirmative vote of a majority of the members of the board. (Added by Stats. 1955, Ch. 1514.)
60164.
## 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 3. Board Action [60160 - 60167] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
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Any ordinance passed by the board must use the stated enacting clause.

## 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 3. Board Action [60160 - 60167] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60164. The enacting clause of all ordinances passed by the board shall be: “Be it ordained by the Board of Directors of _______ Water Replenishment District as follows:”. (Added by Stats. 1955, Ch. 1514.)
60165.
## 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 3. Board Action [60160 - 60167] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
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Voters of any district organized under this act may pass ordinances, using the Elections Code methods for direct legislation in cities.

## 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 3. Board Action [60160 - 60167] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60165. Ordinances may be passed by the voters of any district organized under the provisions of this act in accordance with the methods provided by the Elections Code for direct legislation in cities. (Added by Stats. 1955, Ch. 1514.)
60166.
## 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 3. Board Action [60160 - 60167] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
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Voters in the district may disapprove and veto ordinances by following the Elections Code procedure for protesting city legislation.

## 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 3. Board Action [60160 - 60167] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60166. Ordinances may be disapproved and thereby vetoed by the voters of any such district by proceeding in accordance with the methods provided by the Elections Code for protesting against legislation in cities. (Added by Stats. 1955, Ch. 1514.)
60167.
## 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 3. Board Action [60160 - 60167] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
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A district board member may not use official position to influence a decision when the member knows or has reason to know a relative or cohabitant has a financial interest, unless the interest is otherwise regulated by the Political Reform Act of 1974.

## 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 3. Board Action [60160 - 60167] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60167. (a) In addition to the prohibitions set forth in the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code), a board member of a district may not make, or in any way attempt to use his or her official position to influence, a decision in which the board member knows, or has reason to know that any of the board member’s relatives or cohabitants, whose interests are not otherwise regulated by that act, has a financial interest. (b) As used in this section, the following terms have the following meanings: (1) “Relative” means any person related to the board member by blood or adoption, including all relatives whose status is preceded by the words “step,” “great,” or “grand,” or the spouse of any of these persons, even if the marriage was terminated by death or dissolution. (2) “Cohabitant” means any person who regularly resides in the board member’s household or who uses the board member’s residence address to receive mail. (Added by Stats. 2001, Ch. 829, Sec. 1. Effective January 1, 2002.)
60180.
## 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 4. Officers and Employees [60180 - 60187] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
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At its first meeting, the board must appoint specified officers, set their duties and compensation, and may hire additional assistants and employees.

## 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 4. Officers and Employees [60180 - 60187] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60180. At its first meeting, or as soon thereafter as practicable, the board shall appoint by a majority vote a secretary, treasurer, attorney, general manager and auditor, define their duties and fix their compensation, and each shall serve at the pleasure of the board, and may employ such additional assistants and employees as they may deem necessary to efficiently maintain and operate said district. (Added by Stats. 1955, Ch. 1514.)
60181.
## 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 4. Officers and Employees [60180 - 60187] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
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The board may combine the offices of secretary and treasurer.

## 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 4. Officers and Employees [60180 - 60187] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60181. Said board may consolidate the office of secretary and treasurer. (Added by Stats. 1955, Ch. 1514.)
60182.
## 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 4. Officers and Employees [60180 - 60187] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
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The president and secretary must perform any duties imposed on them by the board, in addition to duties already required by law.

## 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 4. Officers and Employees [60180 - 60187] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60182. The president and secretary in addition to the respective duties imposed on them by law shall perform such duties as may be imposed on them by the board. (Added by Stats. 1955, Ch. 1514.)
60183.
## 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 4. Officers and Employees [60180 - 60187] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
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The treasurer, or a person authorized by the board, must draw checks or warrants to pay demands after the demands have been audited and approved as the board prescribes.

## 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 4. Officers and Employees [60180 - 60187] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60183. The treasurer, or such other person or persons as may be authorized by the board, shall draw checks or warrants to pay demands when such demands shall have been audited and approved in the manner prescribed by the board. (Added by Stats. 1955, Ch. 1514.)
60184.
## 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 4. Officers and Employees [60180 - 60187] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
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The general manager controls maintenance, operation, and construction of the district’s spreading or other works, and may employ or discharge staff, assign duties, and set compensation, subject to board approval.

## 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 4. Officers and Employees [60180 - 60187] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60184. The general manager shall have full charge and control of the maintenance, operation and construction of the spreading or other works of the district with full power and authority to employ and discharge all employees and assistants at pleasure, prescribe their duties, fix their compensation, subject to the approval of the board. (Added by Stats. 1955, Ch. 1514.)
60185.
## 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 4. Officers and Employees [60180 - 60187] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
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The general manager must do any additional duties the board imposes and must report to the board under rules the board directs.

## 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 4. Officers and Employees [60180 - 60187] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60185. The general manager shall perform such other duties as may be imposed on him by the board. The general manager shall report to the board in accordance with such rules and regulations as they may direct. (Added by Stats. 1955, Ch. 1514.)
60186.
## 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 4. Officers and Employees [60180 - 60187] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
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The district attorney must act as the district’s legal adviser and do other duties the board prescribes.

## 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 4. Officers and Employees [60180 - 60187] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60186. The attorney shall be the legal adviser of the district and shall perform such other duties as may be prescribed by the board. (Added by Stats. 1955, Ch. 1514.)
60187.
## 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 4. Officers and Employees [60180 - 60187] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
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Certain district officers, employees, or assistants must give bonds if the board requires it, and the district must pay the bond premiums.

## 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 4. Officers and Employees [60180 - 60187] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60187. The general manager, secretary and treasurer, and all other employees or assistants of said district who may be required to do so by the board, shall give such bonds to the district conditioned for the faithful performance of their duties as the board from time to time may provide. The premiums on such bonds shall be paid by the district. (Added by Stats. 1955, Ch. 1514.)
60210.
## 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 6. Conduct of Elections [60210 - 60217] ( Chapter 6 added by Stats. 1955, Ch. 1514. )
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Elections Code provisions govern general and special district elections to the extent they apply, unless this act says 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 6. Conduct of Elections [60210 - 60217] ( Chapter 6 added by Stats. 1955, Ch. 1514. ) ## 60210. The provisions of the Elections Code so far as they may be applicable shall govern all general district elections and all special district elections, except as in this act otherwise provided. (Added by Stats. 1955, Ch. 1514.)
60211.
## 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 6. Conduct of Elections [60210 - 60217] ( Chapter 6 added by Stats. 1955, Ch. 1514. )
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Only qualified voters who live in the relevant district division may vote in a district election; the county elections official may mark registration affidavits to show district voter status.

## 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 6. Conduct of Elections [60210 - 60217] ( Chapter 6 added by Stats. 1955, Ch. 1514. ) ## 60211. No person shall vote at any district election held under the provisions of this act who is not a voter within the meaning of the Elections Code, residing in the division of the district in which he or she casts his or her vote. For the purpose of registering voters who shall be entitled to vote at district elections, the county elections official is authorized, in any county in which there is a district, to indicate upon the affidavit of registration whether the voter is a voter of a district. (Amended by Stats. 2002, Ch. 221, Sec. 183. Effective January 1, 2003.)
60212.
## 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 6. Conduct of Elections [60210 - 60217] ( Chapter 6 added by Stats. 1955, Ch. 1514. )
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When a district boundary crosses a county election precinct, only registered district voters in that precinct may vote, the county elections official may issue two ballot sets, and election officers must give the district ballot only to those registered district voters.

## 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 6. Conduct of Elections [60210 - 60217] ( Chapter 6 added by Stats. 1955, Ch. 1514. ) ## 60212. In case the boundary line of a district crosses the boundary line of a county election precinct only those voters within the district and within the precinct who are registered as being voters within the district shall be permitted to vote, and for that purpose the county elections official may provide two sets of ballots within those precincts, one containing the names of candidates for office in the district, and the other not containing those names, and it shall be the duty of the election officers in those precincts to furnish only those persons registered as voters within the district with the ballots upon which are printed the names of the candidates for office in the district. (Amended by Stats. 2002, Ch. 221, Sec. 184. Effective January 1, 2003.)
60213.
## 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 6. Conduct of Elections [60210 - 60217] ( Chapter 6 added by Stats. 1955, Ch. 1514. )
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The county elections official may print district-specific ballot headings and formats for Water Replenishment District director elections, and precinct officers must give the ballots only to registered voters in the correct 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 6. Conduct of Elections [60210 - 60217] ( Chapter 6 added by Stats. 1955, Ch. 1514. ) ## 60213. In counties in which districts are located the county elections official is hereby given authority, and is authorized to have printed upon the official ballots provided for voters at elections for directors a heading in the same form as that provided by the Elections Code for nonpartisan officers, which heading shall be marked “Water Replenishment District,” with a subheading “For a Member of the Board of Directors, Division ____ (here inserting the number of the division)—Vote for One,” and beneath which shall appear the names of the candidates for the office of member of the board for the division of the district, with the appropriate blank space for the writing in of the name of a candidate if desired by the voters, and with a voting square placed opposite the space. The ballots thus provided shall be furnished by the precinct officers only to those voters within their respective precincts who shall appear on the register as duly registered voters within that division of the district, and in precincts that lie partly within that district and partly without the precinct board shall be supplied with two kinds of ballots by the county elections official, one of which shall contain the matters hereinabove set forth for the use of voters of the district, and the other of which shall be without the heading containing the names of candidates for the office of member of the board, and which shall be furnished to those voters who are not voters of the district and who are voters of the precinct. (Amended by Stats. 2002, Ch. 221, Sec. 185. Effective January 1, 2003.)
60214.
## 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 6. Conduct of Elections [60210 - 60217] ( Chapter 6 added by Stats. 1955, Ch. 1514. )
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The board must call and canvass elections on initiative and referendum matters, and must call other elections it is authorized to canvass.

## 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 6. Conduct of Elections [60210 - 60217] ( Chapter 6 added by Stats. 1955, Ch. 1514. ) ## 60214. The board shall call and canvass all elections involving matters of initiative and referendum and shall call all other elections which it is authorized to canvass. (Added by Stats. 1955, Ch. 1514.)
60215.
## 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 6. Conduct of Elections [60210 - 60217] ( Chapter 6 added by Stats. 1955, Ch. 1514. )
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The governing body conducting an election must set election officer compensation, designate precincts and polling places, and appoint the election officers.

## 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 6. Conduct of Elections [60210 - 60217] ( Chapter 6 added by Stats. 1955, Ch. 1514. ) ## 60215. The governing body calling or conducting any election under the provisions of this act shall fix the compensation to be paid the officers of the election and shall designate the precincts and polling places for each division of the district and shall appoint the officers of such election, who shall consist of one inspector, one judge, and two clerks, unless, in case of consolidated elections, other officers of election are required by law. (Added by Stats. 1955, Ch. 1514.)
60216.
## 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 6. Conduct of Elections [60210 - 60217] ( Chapter 6 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The governing body may establish voting precincts for the election and fix their boundaries.

## 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 6. Conduct of Elections [60210 - 60217] ( Chapter 6 added by Stats. 1955, Ch. 1514. ) ## 60216. The voting precincts for any such election may be established and the boundaries thereof fixed and described by such governing body, or such voting precincts may consist of either the regular election precincts or portions thereof within the district established for holding state or county elections, or a consolidation of any or all of such regular election precincts or portions thereof last established. (Added by Stats. 1955, Ch. 1514.)
60217.
## 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 6. Conduct of Elections [60210 - 60217] ( Chapter 6 added by Stats. 1955, Ch. 1514. )
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If a district election is consolidated with a state or county election, the district must use the same precincts, polling places, and election officers as that state or county 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 6. Conduct of Elections [60210 - 60217] ( Chapter 6 added by Stats. 1955, Ch. 1514. ) ## 60217. If any district election is consolidated with any state or county election, then the voting precincts, polling places, and election officers for the district election shall be the same as those established for such state or county election. (Added by Stats. 1955, Ch. 1514.)
60220.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Purposes and Powers [60220 - 60226] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
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A district may do any act necessary to replenish its groundwater.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Purposes and Powers [60220 - 60226] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60220. A district may do any act necessary to replenish the ground water of said district. (Added by Stats. 1955, Ch. 1514.)
60221.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Purposes and Powers [60220 - 60226] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

A district may carry out water-supply and groundwater-replenishment activities for the district’s groundwater supplies.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Purposes and Powers [60220 - 60226] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60221. Without being limited to the following enumerations, a district may, among other things but only for the purposes of replenishing the groundwater supplies within the district: (a) Buy and sell water; (b) Exchange water; (c) Distribute water to persons in exchange for ceasing or reducing ground water extractions; (d) Spread, sink and inject water into the underground; (e) Store, transport, recapture, recycle, purify, treat or otherwise manage and control water for the beneficial use of persons or property within the district. (f) Build the necessary works to achieve ground water replenishment. (Amended by Stats. 1995, Ch. 28, Sec. 51. Effective January 1, 1996.)
60222.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Purposes and Powers [60220 - 60226] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

A district may take necessary action to protect water, water quality, or water rights within the district, subject to Section 60230 limits.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Purposes and Powers [60220 - 60226] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60222. A district may take any action necessary to protect or prevent interference with water, the quality thereof, or water rights of persons or property within the district, subject to the limitations contained in Section 60230. (Added by Stats. 1955, Ch. 1514.)
60223.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Purposes and Powers [60220 - 60226] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

A district may do acts needed to put water under its control or management to beneficial use for replenishing groundwater supplies within the district.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Purposes and Powers [60220 - 60226] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60223. For the purposes of replenishing the ground water supplies within the district, a district may do any act in order to put to beneficial use any water under its control or management. (Added by Stats. 1955, Ch. 1514.)
60224.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Purposes and Powers [60220 - 60226] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

A district may take actions within the district to protect and preserve groundwater supplies for beneficial uses.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Purposes and Powers [60220 - 60226] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60224. For the purpose of protecting and preserving the groundwater supplies within the district for beneficial uses, a district may take any action, within the district, including, but not limited to, capital expenditures and legal actions, which in the discretion of the board is necessary or desirable to accomplish any of the following: (a) Prevent contaminants from entering the groundwater supplies of the district, whether or not the threat is immediate. (b) Remove contaminants from the groundwater supplies of the district. (c) Determine the existence, extent, and location of contaminants in, or which may enter, the groundwater supplies of the district. (d) Determine persons, whether natural persons or public entities, responsible for those contaminants. (e) Perform or obtain engineering, hydrologic, and scientific studies for any of the foregoing purposes. (Added by Stats. 1990, Ch. 389, Sec. 3.)
60225.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Purposes and Powers [60220 - 60226] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
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A district may take actions outside its boundaries if the board finds the action is reasonably necessary to protect groundwater supplies within the district and there is a direct, material relationship to that groundwater supply.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Purposes and Powers [60220 - 60226] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60225. A district may take any action outside the district, including, but not limited to, those set forth in Section 60224, provided the board finds both of the following: (a) The action is reasonably necessary to protect groundwater supplies within the district. (b) There is a direct, material relationship between the groundwater supply where the action is to be taken and the groundwater supply within the district. (Added by Stats. 1990, Ch. 389, Sec. 4.)
60226.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Purposes and Powers [60220 - 60226] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

A district may sue people responsible for contaminants to recover district cleanup expenses, and may also recover certain fees and costs if successful.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Purposes and Powers [60220 - 60226] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60226. A district may sue and recover the amount of any district expenditures under Section 60224 from the person or persons responsible for the contaminants causing the expenditures. In proceeding under any state or federal law, a district may recover those expenses from responsible persons and governmental insurance funds. In any action the district, if successful, may recover reasonable attorney’s fees and court costs, as determined by the court. The right or power to recover damages shall not be deemed an adequate remedy at law precluding use of injunctive relief under this section or any other provision of this division or any other statute. In any action for injunctive relief relating to contaminants, no bond shall be required of a district as a condition to granting a preliminary injunction. (Added by Stats. 1990, Ch. 389, Sec. 4.5.)
60230.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Powers [60230 - 60232] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
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A water replenishment district has broad powers to manage property, water rights, contracts, financing, taxes, rates, and litigation for groundwater replenishment.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Powers [60230 - 60232] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60230. For the purposes of replenishing the groundwater supplies within the district, a district shall have power: (a) To have perpetual succession. (b) To sue and be sued, except as otherwise provided in this division or by law, in all actions and proceedings in all courts and tribunals. (c) To adopt a seal and alter it at pleasure. (d) To take by grant, purchase, gift, devise, or lease, to hold, use and enjoy, and to lease, convey or dispose of, real and personal property of every kind, within or without the district, necessary or convenient to the full exercise of its power. (e) Within or outside of the district to construct, purchase, lease, or otherwise acquire, and to operate and maintain necessary waterworks and other works, machinery and facilities, canals, conduits, waters, water rights, spreading grounds, lands, rights and privileges useful or necessary to replenish the underground water basin within the district, or to augment the common water supplies of the district, including, but not limited to, the exercise of any power under Section 60224. (f) For the common benefit of the district, to store water in underground water basins or reservoirs within or outside of the district, to appropriate and acquire water and water rights within or outside of the district, to import water into the district, and to conserve water within or outside of the district. (g) To carry out the purposes of this division, to commence, maintain, intervene in, defend and compromise, in the name of the district, or otherwise, and to assume the costs and expenses of any and all actions and proceedings now or hereafter begun to determine or adjudicate all or a portion of the rights to divert, extract, or use waters within the district, or within any segments thereof or subbasins therein, as between owners of or claimants to those rights, to prevent any interference with water or water rights used or useful to the lands, inhabitants, owners, operators, or producers within the district, or to prevent the diminution of the quantity or quality of the water supply of the district, or to prevent unlawful exportation of water from the district. (h) To exercise the right of eminent domain to take any property necessary to supply the district or any portion thereof with replenishment water, including, but not limited to, the exercise of any power under Section 60224, except that the right of eminent domain may not be exercised with respect to (1) water and water rights already devoted to beneficial use, and (2) property (other than water and water rights) already appropriated to public use unless the taking be for a more necessary public use than that to which the property is already appropriated; provided that the district in exercising that power shall in addition to the damage for taking, injuring, or destruction of property also pay the cost of removal, reconstruction, or relocation of any structure, including, but not limited to, railways, mains, pipes, conduits, wires, cables, towers, or poles of any public utility which is required to be removed to a new location. No use by a district of property owned, at the time the action to condemn is brought, by an existing agency having powers to provide for the replenishment of groundwater, shall constitute a more necessary public use than the use to which the property is already appropriated. A district shall not exercise the right of eminent domain to acquire property outside the boundaries of the principal county in which the district is situated unless it first obtains the consent thereto of the board of supervisors of the county in which the property is located. (i) To act jointly with or cooperate with the United States or any agency thereof, and cooperate and act jointly with the state, or any county or agency thereof, or any political subdivision or district therein, including flood control districts, public and private corporations, and any person, to the end that the purposes and activities of the district may be fully and economically performed. (j) To cause assessments and charges to be levied as provided in this division to accomplish the purposes of this division and to maintain such reserve funds for the future purchase of water for replenishment purposes as may be authorized to be levied. (k) To make contracts, employ labor, and do all acts necessary for the full exercise of the foregoing powers. (l) To carry on technical and other investigations of all kinds, necessary to carry out the provisions of this division, and for this purpose the district shall have the right of access through its authorized representative to all properties within the district. (m) To borrow money and incur indebtedness and to issue bonds or other evidences of that indebtedness; to refund or retire any indebtedness or lien that may exist against the district or property thereof; to issue warrants to pay the formation expenses of the district, which may bear interest at a rate not exceeding 6 percent a year from the date of issue until funds are available to pay the warrants, and which formation expenses may include fees of attorneys and others employed to conduct the formation proceedings, but shall not include the expenses of holding and conducting the formation election. (n) To cause taxes to be levied, in the manner provided in this division, for the purpose of paying any obligation of the district, including its formation expenses and any warrants issued therefor. (o) To fix the rates at which water shall be sold for replenishment purposes, and to establish different rates for different classes of service or conditions of service, provided the rates shall be uniform for like classes and conditions of service. (p) To fix the terms and conditions of any contract under which producers may agree voluntarily to use replenishment water from a nontributary source in lieu of groundwater, and to that end a district may become a party to the contract and pay from district funds that portion of the cost of the replenishment waters as will encourage the purchase and use of that water in lieu of pumping so long as the persons or property within the district are directly or indirectly benefited by the resulting replenishment. (Amended by Stats. 1990, Ch. 389, Sec. 5.)
60230.5.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Powers [60230 - 60232] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
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The district must make certain expenditures through contracts, and all district contracts must be written.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Powers [60230 - 60232] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60230.5. All expenditures for construction work, materials, equipment and supplies, and professional services, including, but not limited to, legal, legislative, public affairs, public relations, and engineering services, regardless of price shall be made pursuant to contract. All district contracts shall be in writing in a form prescribed by the general manager and approved by the general counsel. At minimum, each contract shall include the relevant scope of work, duration, and terms of payment. (Added by Stats. 2000, Ch. 894, Sec. 1. Effective January 1, 2001.)
60231.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Powers [60230 - 60232] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
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The district board must perform the section’s listed powers and duties, investigate certain contracting costs when an existing agency is adequate, make a supported finding by resolution, contract if the finding favors it and the agency agrees, and assess capital project feasibility with a cost-benefit analysis before proceeding.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Powers [60230 - 60232] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60231. (a) The powers and duties herein enumerated, except as otherwise expressly provided, shall be exercised and performed by the board of the district. If an existing agency has facilities available and adequate to accomplish any part of the purposes of a district created under this act, the district shall investigate and determine the cost of contracting for the accomplishment of that purpose through that existing agency. Thereupon, the board shall make a finding , by resolution and supported by evidence, whether or not the purpose proposed to be accomplished by the district can be achieved more economically and for the best interests of the area to be benefited by entering into such a contract with an existing agency. If the board finds that such contract is more economical and for the best interests of the area to be benefited, it shall so contract for the accomplishment of said purpose, if such agency so agrees. The purpose of this section is to avoid duplication of similar operations by existing agencies and replenishment districts. (b) Prior to constructing, leasing, purchasing, or contracting for a capital improvement project, a district shall determine the feasibility of such a project by ordering or preparing and reviewing a cost-benefit analysis based upon reasonable assumptions. (Amended by Stats. 2000, Ch. 894, Sec. 2. Effective January 1, 2001.)
60232.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Powers [60230 - 60232] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

Each district may do all acts necessary to fully carry out this act.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 4. POWERS [60220 - 60232] ( Part 4 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Powers [60230 - 60232] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60232. Each district has the power generally to perform all acts necessary to carry out fully the provisions of this act. (Added by Stats. 1955, Ch. 1514.)
60240.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Depositary [60240- 60240.] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

Money belonging to a district may be deposited, invested, and withdrawn as allowed by the referenced Government Code provisions.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Depositary [60240- 60240.] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60240. Any money belonging to a district may be deposited or invested and drawn out as provided in Title 5, Division 2, Part 1, Chapter 4, Article 2 of the Government Code, as now or hereafter amended. (Added by Stats. 1955, Ch. 1514.)
60245.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Water Charge [60245 - 60246] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board must set water sale or exchange rates for replenishment purposes so revenues will cover the district’s operating expenses as far as practicable.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Water Charge [60245 - 60246] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60245. The board shall fix such rate or rates for the sale or exchange of water for replenishment purposes only as will result in revenues which will pay, insofar as practicable, the operating expenses of the district. (Added by Stats. 1955, Ch. 1514.)
60246.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Water Charge [60245 - 60246] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The water charge rate must be uniform for like classes and conditions of service.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Water Charge [60245 - 60246] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60246. The rate charged shall be uniform for like classes and conditions of service. (Added by Stats. 1955, Ch. 1514.)
6025.
## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

The Legislature states that dams and reservoirs are to be regulated and supervised exclusively by the State.

## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 6025. It is the intent of the Legislature by this part to provide for the regulation and supervision of dams and reservoirs exclusively by the State. (Enacted by Stats. 1943, Ch. 368.)
6025.5.
## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

Waste water treatment and storage ponds in a waste water control facility are generally excluded from dam safety regulation, if the stated resolution and design/location limits are met.

## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 6025.5. (a) Notwithstanding any other provision, subject to subdivision (b), the requirements for state regulation and supervision of safety of dams, as contained in this division, shall not be applicable to waste water treatment and storage ponds constructed as a part of a waste water control facility. (b) This section applies to those ponds specified in subdivision (a) only after the governing body of the city, county, district, or other agency which operates the waste water control facility adopts a resolution which (1) finds that the ponds have been constructed and operated to standards adequate to protect life and property, and (2) provides that the city, county, district, or other agency shall supervise and regulate the design, construction, operation enlargement, replacement, and removal of the ponds after the effective date of the resolution. (c) This section applies only to ponds specified in subdivision (a) which (1) have a maximum height of 15 feet or less and a maximum storage capacity of 1,500 acre-feet or less, (2) have been designed by, and constructed under the supervision of, a registered civil engineer, and (3) are not across a stream channel or watercourse. (Amended by Stats. 1984, Ch. 1027, Sec. 1.)
6025.6.
## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

Certain dam owners must use a California-registered civil engineer to supervise the structure, and several reporting duties apply.

## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 6025.6. (a) An owner of a structure defined as a dam pursuant to Section 6002, but excluded from that definition pursuant to subdivision (d) of Section 6004 or otherwise exempted from the requirements of this chapter pursuant to Section 6025.5, shall comply with the requirements of Section 6161 and shall employ a civil engineer who is registered in the state to supervise the structure for the protection of life and property for the full operating life of the structure. (b) (1) The civil engineer supervising a dam pursuant to subdivision (a) shall take into consideration, in determining whether or not a dam constitutes, or would constitute, a danger to life or property, the possibility that the dam might be endangered by seepage, earth movement, or other conditions that exist, or might occur, in any area in the vicinity of the dam. (2) If the civil engineer determines that a dam under his or her supervision constitutes, or would constitute, a danger to life or property, the civil engineer shall notify the owner of the dam and recommend appropriate action. (c) The owner shall submit to the department the name, business address, and telephone number of each supervising civil engineer. (d) The department shall submit the information provided pursuant to subdivision (c) to the Office of Emergency Services on or before January 1, 1995, and on or before each January 1 thereafter. Any change in the information shall be submitted to the department on or before July 1 of each year. (Amended by Stats. 2017, Ch. 26, Sec. 86. (SB 92) Effective June 27, 2017.)
60250.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Taxes [60250 - 60257] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If water-charge revenues are not enough, the board may levy a tax to cover the expenses and charges stated in Section 60245.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Taxes [60250 - 60257] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60250. To the extent that the revenues resulting from water charges authorized by Section 60245 of this act are inadequate to meet the obligations and expenses therein set out, the board may cause a tax to be levied, as herein provided, sufficient to pay the expenses and charges set out in Section 60245. (Added by Stats. 1955, Ch. 1514.)
60251.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Taxes [60250 - 60257] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board must work out the tax amounts needed for the fiscal year, set the tax rate or rates needed to raise those amounts, and send the board of supervisors a written statement in time.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Taxes [60250 - 60257] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60251. The board shall determine the amounts necessary to be raised by taxation during the fiscal year and shall fix the rate or rates of tax to be levied which will raise the amounts of money required by the district, and within a reasonable time previous to the time when the board of supervisors is required by law to fix its tax rate, the board shall certify to the board of supervisors a statement in writing containing the following: (a) an estimate of the minimum amount of money required to be raised by taxation during the fiscal year for the payment of the principal of and interest on any bonded debt of the district as it becomes due; (b) a statement that the entire district was benefited by incurring the bonded indebtedness; (c) an estimate of the minimum amount of money required to be raised by taxation during the fiscal year for all other purposes of the district. (Added by Stats. 1955, Ch. 1514.)
60252.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Taxes [60250 - 60257] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board must direct a property tax levy, and county tax-levying officials must levy the required tax.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Taxes [60250 - 60257] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60252. The board shall direct that at the time and in the manner required by law for the levying of taxes for county purposes, such board of supervisors shall levy, in addition to such other tax as may be levied by such board of supervisors, at the rate or rates so fixed and determined by the board, a tax upon the real property and improvements thereon, but not on personal property within the district, and it is made the duty of the officer or body having authority to levy taxes within each county to levy the tax so required. (Added by Stats. 1955, Ch. 1514.)
60253.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Taxes [60250 - 60257] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

Taxes for bonded debt must be levied on real property and improvements, not on personal property, within the district, as determined by the board in the debt-resolution.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Taxes [60250 - 60257] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60253. Taxes for the payment of the interest on or principal of any bonded debt shall be levied on the real property and improvements thereon, but not on personal property within the district, as determined by the board in the resolution declaring the necessity to incur the debt. (Added by Stats. 1955, Ch. 1514.)
60254.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Taxes [60250 - 60257] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

District taxes for other purposes are levied on real property and improvements, not on personal property.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Taxes [60250 - 60257] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60254. Taxes for other purposes of the district shall be levied on all real property and improvements thereon, but not on personal property in the district. (Added by Stats. 1955, Ch. 1514.)
60255.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Taxes [60250 - 60257] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

County officials who collect taxes must collect the taxes covered by this section in the same way as county taxes and pay the money to the district when collected.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Taxes [60250 - 60257] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60255. It shall be the duty of all county officials charged with the duty of collecting taxes to collect the taxes provided for herein in time, form and manner as county taxes are collected, and when collected pay the same to the district. (Added by Stats. 1955, Ch. 1514.)
60256.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Taxes [60250 - 60257] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

Taxes under this section become a lien on real property and improvements, but not on personal property in the district.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Taxes [60250 - 60257] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60256. All taxes provided for herein shall be a lien on all the real property and improvements thereon, but not on personal property within the district, and their collection may be enforced by the same means as provided for in the enforcement of liens for state and county taxes. (Added by Stats. 1955, Ch. 1514.)
60257.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Taxes [60250 - 60257] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If mineral rights in a parcel are assessed separately, this division does not tax those mineral rights; any tax is applied to the real property without including the mineral rights.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Taxes [60250 - 60257] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60257. When mineral rights are assessed separately from other rights in any parcel of real property no tax shall be levied under this division upon such mineral rights and any such tax shall be levied upon such real property exclusive of such mineral rights. (Added by Stats. 1955, Ch. 1514.)
6026.
## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

Cities and counties generally may not regulate dams or reservoirs, but they may adopt ordinances for dams and reservoirs outside the state’s jurisdiction or not regulated by another public agency.

## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 6026. No city or county has authority, by ordinance enacted by the legislative body thereof or adopted by the people under the initiative power, or otherwise, to regulate, supervise, or provide for the regulation or supervision of any dams or reservoirs in this state, or the construction, maintenance, or operation thereof, nor to limit the size of any dam or reservoir or the amount of water which may be stored therein. This part shall not prevent a city or county from adopting ordinances regulating, supervising, or providing for the regulation or supervision of dams and reservoirs that (a) are not within the state’s jurisdiction, or (b) are not subject to regulation by another public agency or body. (Amended by Stats. 1965, Ch. 1225.)
6027.
## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

If federal dam or reservoir safety requirements conflict with state requirements so both cannot be met, the department must modify the state requirements enough to allow compliance with both.

## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 6027. Whenever supervision of safety of design or construction of a proposed or existing dam or reservoir is exercised by the United States or any of its agencies pursuant to a jurisdiction superior to that of the state, and the requirements made under authority of such jurisdiction are so contradictory with requirements made by the department under this part that a compliance cannot be made which will meet both federal and state requirements, then the state requirements shall be modified by the department sufficiently to make possible compliance with both federal and state requirements. (Amended by Stats. 1965, Ch. 1225.)
60270.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If the board wants the district to incur bonded debt, it must do so by resolution and state the debt purpose, amount, maximum bond term, maximum interest rate, and the measure to be submitted to voters.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60270. Whenever the board deems it necessary for the district to incur a bonded indebtedness, the board shall, by resolution, so declare and state the purpose for which the proposed debt is to be incurred, the amount of debt to be incurred, the maximum term the bonds proposed to be issued shall run before maturity, which shall not exceed 40 years; the maximum rate of interest to be paid, which shall not exceed 8 percent per annum, and the measure to be submitted to the voters. (Amended by Stats. 1975, Ch. 130.)
60271.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board must set a date for an election to authorize the bonded indebtedness.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60271. The board shall fix a date upon which an election shall be held for the purpose of authorizing said bonded indebtedness to be incurred. (Added by Stats. 1955, Ch. 1514.)
60272.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board must arrange for a special election on the fixed day, following the Elections Code as applicable unless this section provides otherwise.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60272. It shall be the duty of the board to provide for holding such special election on the day so fixed and in accordance with the provisions of the Elections Code so far as the same shall be applicable, except as herein otherwise provided. (Added by Stats. 1955, Ch. 1514.)
60273.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board must give notice of the election.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60273. Such board shall give notice of the holding of such election, which notice shall contain the text of the resolution adopted by the board of the district, the designation of precincts, the location of polling places, and the names of the officers selected to conduct the election, who shall consist of one judge, one inspector and two clerks in each precinct. (Added by Stats. 1955, Ch. 1514.)
60274.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If an election is consolidated with a state or county election, the precincts, polling places, and election officers must be the same as for that state or county election.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60274. In case such election is consolidated with a state or county election, the precincts, polling places, and election officers shall be the same as provided for such state or county election, and it shall be sufficient if the resolution and notice so state. (Added by Stats. 1955, Ch. 1514.)
60275.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The notice must be published in the district newspaper designated by the board, or posted in three public places if no district newspaper exists.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60275. The notice shall be published in such district pursuant to Section 6066 of the Government Code in a newspaper or newspapers designated by the board. If there is no newspaper published in such district, then such notice shall be posted in three public places in such district in each affected county. Publication or posting shall be complete at least 14, but not more than 28, days prior to the date of the election. (Amended by Stats. 1957, Ch. 357.)
60276.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The district must bear all expenses of holding the election.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60276. All the expenses of holding such election shall be borne by the district. (Added by Stats. 1955, Ch. 1514.)
60277.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board must make the election returns, canvass the votes within seven days, and declare the results under the Elections Code where applicable, unless this act provides otherwise.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60277. The returns of such election shall be made, the votes canvassed by said board within seven days following said election, and the results thereof ascertained and declared in accordance with the provisions of the Elections Code, so far as they may be applicable, except as in this act otherwise provided. (Added by Stats. 1955, Ch. 1514.)
60278.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board secretary must record a statement of the results in the board’s records as soon as the result is declared.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60278. The secretary of the board, as soon as the result is declared, shall enter in the records of such board a statement of such results. (Added by Stats. 1955, Ch. 1514.)
60279.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
Verify source ↗

Irregularities or informalities in conducting the election do not invalidate it if the election was otherwise fairly conducted.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60279. No irregularities or informalities in conducting such election shall invalidate the same, if the election shall have otherwise been fairly conducted. (Added by Stats. 1955, Ch. 1514.)
6028.
## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

Claims for damages over dam or reservoir failure or operation cannot be brought against the state, the department, or their agents or employees on the listed grounds.

## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 6028. No action shall be brought against the state or the department or its agents or employees for the recovery of damages caused by the partial or total failure of any dam or reservior or through the operation of any dam or reservoir upon the ground that such defendant is liable by virtue of any of the following: (a) The approval of the dam or reservoir. (b) The issuance or enforcement of orders relative to maintenance or operation of the dam or reservoir. (c) Control and regulation of the dam or reservoir. (d) Measures taken to protect against failure during an emergency. (Amended by Stats. 1965, Ch. 1225.)
60280.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
Verify source ↗

A challenge to the validity of these bonds or related proceedings must be started within three months after the election date.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60280. Any action or proceeding, wherein the validity of any such bonds or of the proceedings in relation thereto is contested, questioned or denied, shall be commenced within three months from the date of such election; otherwise, said bonds and all proceedings in relation thereto shall be held to be valid and in every respect legal and incontestable. (Added by Stats. 1955, Ch. 1514.)
60281.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If more than two-thirds of the votes cast favor the indebtedness, the board may resolve the form, execution, issuance, and sale or disposal of the bonds.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60281. If from such returns it appears that more than two-thirds of the votes cast at such election held pursuant to the provisions of this chapter were in favor of and assented to the incurring of such indebtedness, then the board may, by resolution, at such time or times as it deems proper, provide for the form and execution of such bonds and for issuance of any part thereof, and may sell or dispose of the bonds so issued at such times or in such manner, either for cash in lawful money of the United States or its equivalent, as it may deem to be to the public interest. (Added by Stats. 1955, Ch. 1514.)
60282.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
Verify source ↗

Bonds issued by any district have the same force, value, and use as city bonds, and they are exempt from all taxation in California.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Bonds [60270 - 60282] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60282. Any bonds issued by any district are hereby given the same force, value and use as bonds issued by any city and shall be exempt from all taxation within the State of California. (Added by Stats. 1955, Ch. 1514.)
6029.
## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

This section says dam or reservoir owners and operators are not relieved of the legal duties, obligations, or liabilities tied to owning or operating the 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 6029. Nothing in this part shall be construed to relieve an owner or operator of a dam or reservoir of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam or reservoir. (Amended by Stats. 1965, Ch. 1225.)
60292.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 5. District Reserves and Accounting [60292- 60292.] ( Chapter 5 added by Stats. 2000, Ch. 894, Sec. 3. )
Verify source ↗

The district must prepare, keep, and file an independent audited financial statement, send copies to specified state recipients each year, and include required findings, comments, and capital improvement spending information.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 5. FINANCES [60240 - 60292] ( Part 5 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 5. District Reserves and Accounting [60292- 60292.] ( Chapter 5 added by Stats. 2000, Ch. 894, Sec. 3. ) ## 60292. (a) The district shall order, review, and maintain on file an independent, audited financial statement not later than 180 days from the conclusion of the district’s fiscal year. The independent audited financial statement shall be prepared by a certified public accountant or a public accountant, licensed by the California Board of Accountancy. The independent audited financial statement shall be consistent with standards provided in the Generally Accepted Government Auditing Standards prepared by the United States Government Accountability Office. (b) Copies of the independent audited financial statement shall be submitted to the Governor, the Senate Committee on Governance and Finance or its successor, the Assembly Committee on Local Government or its successor, and the California State Auditor on or before December 31 of each year. (1) Copies of the independent audited financial statement shall include, regardless of whether the certified public accountant or public accountant reports separately, including separate reports bound in the same document, any finding or findings involving deficiencies in internal control, fraud, noncompliance with provisions of laws, regulations, contracts, and grant agreements, and abuse. The district shall include its written comments in response to findings that provide the perspectives of the responsible officials of the district and the corrective actions they plan to take. (2) In addition to copies of the independent audited financial statement, the district shall also provide information on expenditures relating to capital improvement projects planned to be undertaken by the district. (Amended by Stats. 2018, Ch. 351, Sec. 3. (SB 963) Effective January 1, 2019.)
6030.
## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

Department findings, orders, and dam or reservoir approval certificates are binding on all state agencies for safety matters.

## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 6030. The findings and orders of the department and the certificate of approval of any dam or reservoir issued by the department are final and conclusive and binding upon all state agencies, regulatory or otherwise, as to the safety of design, construction, maintenance, and operation of any dam or reservoir. (Amended by Stats. 1965, Ch. 1225.)
60300.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Survey [60300 - 60301] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

Each year, the board must order an engineering survey and report on the district’s groundwater supplies by the second Tuesday in February.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Survey [60300 - 60301] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60300. Not later than the second Tuesday in February each year the board shall order an engineering survey and report to be made regarding the ground water supplies of the district. The same shall include, among all other information and data which the board may require, the following: (1) Records, data and other information for the consideration of the board in its determination of the annual overdraft; (2) Records, data and other information for the consideration of the board in its determination of the accumulated overdraft as of the last day of the preceding water year; (3) A report, with supporting data, as to the total production of ground water from the ground water supplies within the replenishment district during the preceding water year; (4) A report, with supporting data, as to the changes during the preceding water year in the pressure levels or piezometric heights of the ground water contained within pressure-level areas of the replenishment district, and as to the effects thereof upon the ground water supplies within such replenishment district; (5) An estimate of the annual overdraft for the current water year and for the ensuing water year; (6) An estimate of the accumulated overdraft as of the last day of the current water year; (7) An estimate of the total production of ground water from the ground water supplies within the replenishment district for the current water year and for the ensuing water year; (8) An estimate of the changes during the current water year in the pressure levels or piezometric heights of the ground water contained within pressure-level areas of the replenishment district, and of the effects thereof upon the ground water supplies within such replenishment district; (9) An estimate of the quantity, source, and cost of water available for replenishment of the ground water supplies during the ensuing water year under the provisions of Section 60315. (Amended by Stats. 1963, Ch. 309.)
60301.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Survey [60300 - 60301] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If the district has received an engineering evaluation with proposed actions and estimated costs, the board may include that information in the engineering survey and report by the second Tuesday in February each year.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Survey [60300 - 60301] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60301. If the district has received an engineering evaluation as to any matter within the powers of the district under Section 60224 and containing proposed action or alternate actions and estimated costs, including engineering and legal fees and expenses and district overhead, the board may, not later than the second Tuesday in February of each year, order the inclusion in the engineering survey and report referred to in Section 60300 of a statement of the proposed action or alternate actions and those estimated costs. (Added by Stats. 1990, Ch. 389, Sec. 6.)
60305.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings [60305 - 60309] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board must make annual resolutions declaring whether funds will be raised for water replenishment, groundwater contaminant removal, or other Section 60224 powers, and how those funds will be raised.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings [60305 - 60309] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60305. On or before the second Tuesday in March of each year, and provided the survey and report called for by Section 60300 has been made, the board, by resolution, shall declare whether funds shall be raised to purchase water for replenishment during the next ensuing fiscal year and whether the funds shall be raised either by (a) a water charge, as provided in Chapter 2 (commencing with Section 60245) of Part 5, (b) a general assessment, as provided in Chapter 3 (commencing with Section 60250) of Part 5, (c) a replenishment assessment as provided in this chapter, or (d) a combination of any two or more of the foregoing, and whether the funds so to be raised, whether by a water charge, a general assessment, a replenishment assessment or a combination of those means, will benefit, directly or indirectly, all of the persons or real property and improvements within the district. The resolution shall also declare whether funds shall be raised to remove contaminants from groundwater supplies during the next ensuing fiscal year or to exercise any other power under Section 60224, and whether funds for that purpose shall be raised by a replenishment assessment as provided in this chapter, with a like statement of benefit. (Amended by Stats. 1990, Ch. 389, Sec. 7.)
60306.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings [60305 - 60309] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If the board decides by resolution to fund water purchases, contaminant removal, or another listed power through a replenishment assessment, it must publish a notice for a public hearing.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings [60305 - 60309] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60306. If the board, by resolution, determines that all or a portion of the funds needed to purchase replenishment water, or to remove contaminants from the groundwater supplies of the district, or to exercise any other power under Section 60224, shall be raised by the levy of a replenishment assessment, then the board shall immediately publish a notice that a public hearing will be held on the second Tuesday of April for the purpose of determining whether and to what extent the estimated costs thereof for the ensuing year shall be paid for by a replenishment assessment. The notice shall contain a copy of the board’s resolution, the time and place of the hearing, and an invitation to all interested parties to attend and be heard in support of or opposition to the proposed assessment, the engineering survey and report, and the board’s determination, and shall invite inspection of the engineering survey and report upon which the board acted. The notice shall be published in each affected county pursuant to Section 6061 of the Government Code, at least 10 days before the hearing date. (Amended by Stats. 1990, Ch. 389, Sec. 8.)
60307.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings [60305 - 60309] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

A hearing must be held before the board, with a quorum present, and it must be finished by the first Tuesday in May next following. The president, presiding officer, or hearing officer may adjourn it from time to time.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings [60305 - 60309] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60307. Said hearing shall be held before the board and a quorum shall be present. The hearing may be adjourned from time to time by the president or presiding officer or hearing officer but shall be completed by the first Tuesday in May next following. (Added by Stats. 1955, Ch. 1514.)
60308.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings [60305 - 60309] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board may appoint a qualified registered engineer familiar with water problems to act as the hearing officer for the hearing.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings [60305 - 60309] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60308. The board may appoint a qualified registered engineer familiar with water problems as a hearing officer to conduct said hearing. (Added by Stats. 1955, Ch. 1514.)
60309.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings [60305 - 60309] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board may determine that a replenishment assessment will be levied, and evidence relevant to the engineering survey, report, and that determination may be introduced.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Hearings [60305 - 60309] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60309. All evidence relevant to the engineering survey and report and the board’s determination that such a replenishment assessment shall be levied may be introduced. (Added by Stats. 1955, Ch. 1514.)
6031.
## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

This section says owners keep whatever court recourse they are entitled to under state law.

## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 6031. Nothing in this part shall be construed to deprive any owner of such recourse to the courts as he may be entitled to under the laws of this State. (Enacted by Stats. 1943, Ch. 368.)
60315.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Findings and Order [60315 - 60318] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board must make a resolution with specified findings by the second Tuesday in May after the hearing.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Findings and Order [60315 - 60318] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60315. Upon completing the hearing, but no later than the second Tuesday in May, the board shall, by resolution, find all of the following: (a) The annual overdraft for the preceding water year. (b) The estimated annual overdraft for the current water year. (c) The estimated annual overdraft for the ensuing water year. (d) The accumulated overdraft as of the last day of the preceding water year. (e) The estimated accumulated overdraft as of the last day of the current water year. (f) The total production of groundwater from the groundwater supplies within the district during the preceding water year. (g) The estimated total production of groundwater from the groundwater supplies within the district for the current water year. (h) The estimated total production of groundwater from the groundwater supplies within the district for the ensuing water year. (i) The changes during the preceding water year in the pressure levels or piezometric heights of the groundwater contained within pressure-level areas of the district, and the effects thereof upon the groundwater supplies within the district. (j) The estimated changes during the current water year in the pressure levels or piezometric heights of the groundwater contained within pressure-level areas of the district, and the estimated effects thereof upon the groundwater supplies within the district. (k) The quantity of water that should be purchased for the replenishment of the groundwater supplies of the district during the ensuing water year. (l) The source and estimated cost of water available for the replenishment. (m) The estimated costs of replenishing the groundwater supplies with the water so purchased. (n) The estimated costs of purchasing, in water years succeeding the ensuing water year, that portion of the quantity of water which should be purchased for the replenishment of the groundwater supplies of the district during the ensuing water year, but which is estimated to be unavailable for purchase during the ensuing water year; estimated costs shall be based on the estimated price of water for replenishment purposes during the ensuing water year. (o) The estimated rate of the replenishment assessment required to be levied upon the production of groundwater from the groundwater supplies within the district during the ensuing fiscal year for the purposes of accomplishing the replenishment and providing a reserve fund to purchase in future years, when available, that portion of the quantity of water which should be purchased for the replenishment of the groundwater supplies of the district during the ensuing water year, but which is estimated to be unavailable for purchase during that ensuing water year. (p) Whether any contaminants should be removed from groundwater supplies during the ensuing fiscal year, and whether any other actions under Section 60224 should be undertaken during the ensuing fiscal year, the estimated costs thereof, and the estimated additional rate of replenishment assessment required to be levied upon the production of groundwater from the groundwater supplies within the district during the ensuing fiscal year for those purposes. (q) Whether any program for removal of contaminants or other actions under Section 60224 should be a multiyear program or is a continuation of a previously authorized multiyear program. (Amended by Stats. 2018, Ch. 351, Sec. 4. (SB 963) Effective January 1, 2019.)
60316.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Findings and Order [60315 - 60318] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board must adopt a resolution to decide several replenishment-assessment funding allocations.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Findings and Order [60315 - 60318] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60316. Based on the findings pursuant to Section 60315, the board shall, by resolution, determine all of the following: (a) What portion, if any, of the estimated cost of purchasing water for replenishment for the ensuing fiscal year shall be paid for by a replenishment assessment. (b) What portion, not exceeding 25 percent of the above portion, of the estimated cost of purchasing in the future that quantity of water which should be purchased during the ensuing water year, but which is estimated to be unavailable during that year, shall be raised by a replenishment assessment. (c) What portion of the estimated costs of removing contaminants from groundwater supplies and of taking other actions under Section 60224 during the ensuing fiscal year shall be paid for by a replenishment assessment. (d) What portion, if any, of the cost of a capital improvement project for replenishment purposes shall be paid for by a replenishment assessment. (e) What portion, if any, of the cost of a capital improvement project undertaken pursuant to Section 60224 shall be paid for by a replenishment assessment. (Amended by Stats. 2000, Ch. 894, Sec. 5. Effective January 1, 2001.)
60317.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Findings and Order [60315 - 60318] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board must levy a groundwater replenishment assessment under specified conditions, and groundwater producers must pay it.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Findings and Order [60315 - 60318] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60317. (a) If the board determines that a replenishment assessment shall be levied upon the production of groundwater from groundwater supplies within the district during the ensuing fiscal year, immediately following the making of that determination the board shall levy a replenishment assessment on the production of groundwater from the groundwater supplies within the district during the fiscal year commencing the following July 1st, and the replenishment assessment shall be fixed by the board at a uniform rate per acre-foot of groundwater produced. The producers of that groundwater shall pay the replenishment assessment to the district at the times and in the manner provided in this division. That part of the assessment levied pursuant to the determination provided in subdivision (c) of Section 60316, exclusive of any part of the assessment for district administrative and overhead expenses, shall not exceed 50 percent of the average assessment levied for the current and four preceding fiscal years pursuant to determinations under subdivisions (a) and (b) of Section 60316, exclusive of any part of the assessment for district administrative and overhead expenses. (b) A judicial action or proceeding to attack, review, set aside, void, or annul a resolution or motion made on or after January 1, 2015, levying a replenishment assessment pursuant to this part shall be commenced within 180 days following the adoption of the resolution or motion. (c) An action brought on or after January 1, 2015, under this section shall be brought pursuant to Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure. (Amended by Stats. 2014, Ch. 736, Sec. 1. (AB 2259) Effective January 1, 2015.)
60317.5.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Findings and Order [60315 - 60318] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
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This section limits how certain replenishment assessment funds may be used, including restrictions on contaminant-removal costs and rules for loans and leftover funds.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Findings and Order [60315 - 60318] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60317.5. Except as set forth in this section, nothing in this division prevents the use of district funds from any source for powers and functions authorized under this division. That part of a replenishment assessment levied pursuant to determinations under subdivisions (a) and (b) of Section 60316 shall not be utilized for the direct costs of prevention and removal of contaminants under subdivisions (a) and (b) of Section 60224. Any part of a replenishment assessment levied pursuant to a determination under subdivision (c) of Section 60316 which is not expended may be obligated and expended for other uses authorized by Section 60224 after hearing and findings pursuant to Sections 60306 and 60315. Any part of a replenishment assessment levied pursuant to a determination under subdivision (c) of Section 60316 which remains unexpended and unobligated for five fiscal years after the last obligation thereof, or any shorter period which the board may by resolution determine, shall be deemed to have been levied for other costs and expenses for which a replenishment assessment is authorized under this division. Funds from a replenishment assessment, although restricted as to use, may be loaned for any use for which and within the monetary limits for which, such an assessment has been levied. Any such loan shall be for a period not longer than 18 months and shall bear interest, as nearly as practicable in the discretion of the board, at the rate which those funds might have otherwise been invested at the time of the loan. (Added by Stats. 1990, Ch. 389, Sec. 12.)
60318.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Findings and Order [60315 - 60318] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
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An operator may extract groundwater without paying a replenishment assessment if the board resolves that the extraction will address groundwater contamination and the operator follows the board’s conditions.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Findings and Order [60315 - 60318] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60318. (a) If the board determines, by resolution, that there is a problem of groundwater contamination that a proposed program will remedy or ameliorate, an operator may make extractions of groundwater to remedy or ameliorate that problem exempt from any replenishment assessment if the water is not applied to beneficial surface use, its extractions are made in compliance with all the terms and conditions of the board resolution, and the board has determined in the resolution either of the following: (1) The groundwater to be extracted is unusable and cannot be economically blended for use with other water. (2) The proposed program involves extraction of usable water in the same quantity as will be returned to the underground without degradation of quality. (b) The resolution may provide those terms and conditions the board deems appropriate, including, but not limited to, restrictions on the quantity of extractions to be so exempted, limitations on time, periodic reviews, requirement of submission of test results from a laboratory holding a valid certification or accreditation as required by Section 13176, and any other relevant terms or conditions. Upon written notice to the operator involved, the board may rescind or modify its resolution. The rescission or modification of the resolution shall apply to groundwater extractions occurring more than 10 days after the rescission or modification. Notice of rescission or modification shall be either mailed first-class mail, postage prepaid, at least two weeks prior to the meeting of the board at which the rescission or modification will be made to the address of record of the operator or personally delivered two weeks prior to the meeting. All board determinations shall be final. (Amended by Stats. 2000, Ch. 727, Sec. 7. Effective January 1, 2001.)
6032.
## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. )
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If a dam is jointly owned, the owners must create or delegate a single entity to handle legal and financial authority, including operation, maintenance, and ownership-related fees or costs.

## 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 2. General Provisions [6025 - 6032] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## 6032. If a dam is owned by one or more persons or entities, the owners shall form or delegate legal and financial authority to a single entity that is responsible for the operation and maintenance of the dam, as well as the payment of any fees or other costs associated with dam ownership. (Added by Stats. 2017, Ch. 26, Sec. 87. (SB 92) Effective June 27, 2017.)
60325.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Collection of Assessments [60325 - 60329] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
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After a replenishment assessment is levied, the district must notify operators of water-producing facilities in the district and state the assessment rate for each acre-foot of groundwater to be produced in the next fiscal year.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Collection of Assessments [60325 - 60329] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60325. The district, after the levying of the replenishment assessment, shall give notice thereof to the operators of all water-producing facilities in the district as disclosed by the records of such district, which notice shall state the rate of replenishment assessment for each acre-foot of ground water to be produced during the ensuing fiscal year. The notice may be sent by postal card or by other first-class mail with postage prepaid by the district. (Added by Stats. 1955, Ch. 1514.)
60326.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Collection of Assessments [60325 - 60329] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
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Operators of water-producing facilities in the district must file sworn quarterly groundwater production statements with the district, and may have to file additional reports if the board adopts a resolution.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Collection of Assessments [60325 - 60329] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60326. The operator of each water-producing facility within the district, on or before the last day of the month immediately following the respective quarterly periods ending March 31st, June 30th, September 30th, and December 31st of each year, shall file with the district a sworn statement setting forth the total production in acre-feet of ground water from such water-producing facility during the respective quarterly periods immediately preceding the filing of the respective statements, a general description or number locating such water-producing facility, and the method or basis of the computation of such ground water production. Each statement also shall contain such other information as the district may require. The first such statement required to be filed after the formation of such district shall cover the first calendar quarter commencing not less than thirty (30) days after such formation. If the board by its resolution determines that additional reports or statements are necessary or useful to carry out the purposes of this act and to administer the replenishment of the ground water supplies within the district, then the board shall by its resolution so declare and shall give notice of the adoption of said resolution by immediately publishing the same in each affected county pursuant to Section 6061 of the Government Code. Effective thirty (30) days after such publication, the operator of each water-producing facility in such district shall file with the district the report or statement required by such resolution, at such times and in such manner and form as are provided in such resolution. (Amended by Stats. 1961, Ch. 585.)
60326.1.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Collection of Assessments [60325 - 60329] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
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Operators of water-producing facilities in the Water Replenishment District of Southern California must file a sworn statement with the district by the last day of the next month after the statement period.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Collection of Assessments [60325 - 60329] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60326.1. Notwithstanding Section 60326, the operator of each water-producing facility in the Water Replenishment District of Southern California shall file with the district, by the last day of the month following the statement period, a sworn statement declaring all of the following: (a) The facility’s total groundwater production, measured in acre-feet, during the month preceding the filing of the statement. (b) A general description or number locating the facility. (c) The method used to compute the groundwater production. (d) Other information that the district may require. (Added by Stats. 1993, Ch. 52, Sec. 1. Effective January 1, 1994.)
60327.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Collection of Assessments [60325 - 60329] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
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Each producer must pay any replenishment assessment to the district in quarterly installments, due on the last day for filing the groundwater production statement.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Collection of Assessments [60325 - 60329] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60327. Any replenishment assessment levied pursuant to this act shall be due and payable to the district by each producer in quarterly installments on the last day for filing the statement of the production of ground water from the water-producing facility operated by such producer during the quarterly period required to be covered by such statement. The amount so due and payable shall be computed by multiplying the production in acre-feet of ground water so produced from such water-producing facility, as reported in such statement, by the rate of the replenishment assessment fixed and levied by the board of the district for the fiscal year in which such production shall occur. (Added by Stats. 1955, Ch. 1514.)
60327.1.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Collection of Assessments [60325 - 60329] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
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Each producer must pay a replenishment assessment to the Water Replenishment District of Southern California in monthly installments.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Collection of Assessments [60325 - 60329] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60327.1. Notwithstanding Section 60327, each producer shall pay the Water Replenishment District of Southern California a replenishment assessment, imposed pursuant to this act, in monthly installments due on the last day for filing the groundwater production statement required by Section 60326.1. The assessment amount shall be computed by multiplying the facility’s stated groundwater production, measured in acre-feet, by the replenishment assessment rate imposed by the district board for the fiscal year in which the production occurs. (Added by Stats. 1993, Ch. 52, Sec. 2. Effective January 1, 1994.)
60328.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Collection of Assessments [60325 - 60329] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
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The district must make refunds of replenishment assessments in qualifying cases, and producers must follow the stated application and timing rules.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Collection of Assessments [60325 - 60329] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60328. The board shall authorize, and the district shall make, refunds in whole or in part of replenishment assessments theretofore paid, to any producer who has erroneously overstated his production of ground water in any sworn statement for a quarterly period required under the provisions of Section 60326, and who has overpaid his replenishment assessment for that quarter, but only upon compliance by the producer with the procedure hereinafter set forth and within the time hereinafter provided. Any such producer, within one year of the last day for filing of the said sworn statement for the quarterly period in question, may file a verified application with the district on a form to be furnished by the district, containing such information as the district may require, requesting a refund of that portion of any replenishment assessment claimed to have been paid by reason of that producer’s erroneous overstatement of ground water production. If incomplete information is contained in said application, or if the board desires other or further information than called for by that application, the same shall also be furnished by a verified statement within 30 days of mailing of written notice of request therefor to the producer at his address as shown by the district’s records, or the application shall be deemed abandoned. Such request by the board shall not cause any application otherwise timely filed to be considered as not filed within said one-year period. The board may authorize, and the district may pay, any refund claimed without a hearing thereon, but no application shall be denied in whole or in part without a hearing being accorded to the applicant in which he shall have the burden of proof. Any determination by the board on any matter in connection with said application shall be final and conclusive upon the producer. Any refund authorized to be paid under the provisions of this section may be paid only out of moneys realized from replenishment assessments levied pursuant to Section 60317, then or thereafter raised. Upon election of the producer, any refund determined by the board to be owing may be credited to the producer against any subsequent replenishment assessments which might become due and owing from him. No refunds shall be made except as authorized by this section. (Added by Stats. 1963, Ch. 253.)
60329.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Collection of Assessments [60325 - 60329] ( Chapter 4 added by Stats. 1955, Ch. 1514. )
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The board may adopt a quarter-specific rule that waives any quarterly installment under $3 otherwise payable by a producer under Section 60327.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 4. Collection of Assessments [60325 - 60329] ( Chapter 4 added by Stats. 1955, Ch. 1514. ) ## 60329. The board, by action uniformly applicable as to any quarter, and adopted prior to the commencement of the quarter, may provide that there shall not be due or payable any quarterly installment of less than three dollars ($3) otherwise payable by a producer under Section 60327 with respect to production of groundwater from all water-producing facilities operated by the producer during the quarterly period. (Added by Stats. 1985, Ch. 536, Sec. 4.)
60335.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 5. Penalties and Exemptions [60335 - 60343] ( Chapter 5 added by Stats. 1955, Ch. 1514. )
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A producer must pay a replenishment assessment within 30 days after it is due, or the producer owes 1% per month interest on the delinquent amount.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 5. Penalties and Exemptions [60335 - 60343] ( Chapter 5 added by Stats. 1955, Ch. 1514. ) ## 60335. If any producer shall knowingly fail to pay a replenishment assessment within 30 days of when due, such producer shall become liable to the district for interest at the rate of 1 percent per month on the delinquent amount of the assessment. (Amended by Stats. 1961, Ch. 585.)
60336.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 5. Penalties and Exemptions [60335 - 60343] ( Chapter 5 added by Stats. 1955, Ch. 1514. )
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An operator of a water-producing facility who knowingly fails to register, file the groundwater production statement, or file and furnish required reports or statements can be liable to the district for a $1,000 penalty.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 5. Penalties and Exemptions [60335 - 60343] ( Chapter 5 added by Stats. 1955, Ch. 1514. ) ## 60336. (a) Should any operator of a water-producing facility knowingly fail to register his or her water-producing facility or knowingly fail to file the groundwater production statement, or knowingly fail to file and furnish any other reports or statements required by resolution of the board adopted pursuant to Section 60326, the operator shall, in addition to interest as provided in Section 60335, become liable to the district for a penalty of one thousand dollars ($1,000). (b) The changes made to this section by the act adding this subdivision shall not apply to any operator of a water-producing facility that is a party to litigation involving a water replenishment district filed before July 1, 2013, until after the litigation is settled or all legal remedies have been exhausted. (Amended by Stats. 2013, Ch. 638, Sec. 3. (SB 620) Effective January 1, 2014.)
60337.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 5. Penalties and Exemptions [60335 - 60343] ( Chapter 5 added by Stats. 1955, Ch. 1514. )
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The board may set by resolution that certain small water-producing-facility producers must pay the replenishment assessment, and those producers do not need to file a sworn statement about groundwater production.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 5. Penalties and Exemptions [60335 - 60343] ( Chapter 5 added by Stats. 1955, Ch. 1514. ) ## 60337. The board, at the time of fixing the replenishment assessment rate, may provide by resolution that any producer operating a water-producing facility having a discharge opening not greater than two inches in diameter and providing ground water for domestic or irrigation uses on an area not exceeding one acre in extent, shall pay the amount fixed in such resolution as the replenishment assessment to be paid by such producer. No sworn statement as to the production of ground water from such water-producing facility need be filed. (Added by Stats. 1955, Ch. 1514.)
60339.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 5. Penalties and Exemptions [60335 - 60343] ( Chapter 5 added by Stats. 1955, Ch. 1514. )
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This section lets the court issue temporary restraining orders and injunctions against a named defendant tied to an unregistered water-producing facility or delinquent replenishment assessment, and it requires attorney’s fees and costs for the prevailing district or operator.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 5. Penalties and Exemptions [60335 - 60343] ( Chapter 5 added by Stats. 1955, Ch. 1514. ) ## 60339. (a) The superior court of the county in which the major portion of the district lies may issue a temporary restraining order upon the filing by the district with the court of a verified petition or complaint setting forth that the person named therein as defendant is the operator of a water-producing facility which has not been registered with the district or that the defendant is delinquent in the payment of a replenishment assessment. The temporary restraining order shall be returnable to the court on or before 10 days after its issuance. (b) The court may issue and grant an injunction restraining and prohibiting the named defendant from the operation of any water-producing facility when it is established by the preponderance of the evidence at a hearing that the defendant has failed to register the water-producing facility with the district or that the defendant is delinquent in the payment of a replenishment assessment. The court may provide that the injunction so made and issued shall be stayed for a period not to exceed 10 days to permit the defendant to register the water-producing facility or to pay the delinquent replenishment assessment. (c) Service of process shall be made by posting a copy of the summons and complaint upon the water-producing facility or the parcel of land upon which the water-producing facility is located and by personal service of summons and complaint upon the named defendant. (d) The right to proceed for injunctive relief as provided in this section shall be in addition to any other right which may be provided elsewhere in this act or which may be otherwise allowed by law. The procedure provided in Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure regarding injunctions shall be followed except insofar as it may be otherwise provided in this section. (e) The court shall direct that the district or operator of a water-producing facility be awarded the reasonable attorney’s fees and costs relating to a motion seeking injunctive relief under this section whenever the district or operator of a water-producing facility prevails on a petition or complaint. (f) The changes made to this section by the act adding this subdivision shall not apply to any operator of a water-producing facility that is a party to litigation involving a water replenishment district filed before July 1, 2013, until after the litigation is settled or all legal remedies have been exhausted. (Amended by Stats. 2013, Ch. 638, Sec. 4. (SB 620) Effective January 1, 2014.)
60340.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 5. Penalties and Exemptions [60335 - 60343] ( Chapter 5 added by Stats. 1955, Ch. 1514. )
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The district board may investigate and set groundwater production for a facility, then notify the operator. If the operator or producer protests within 10 days, the board must hold a hearing; otherwise the assessed amount, interest, and penalties are payable within 20 days after notice.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 5. Penalties and Exemptions [60335 - 60343] ( Chapter 5 added by Stats. 1955, Ch. 1514. ) ## 60340. If the board of a district shall have probable cause to believe that the production of ground water from any water-producing facility is in excess of that disclosed by the sworn statements covering such water-producing facility, or if no statements are filed covering a water-producing facility, the board of such district may cause an investigation and report to be made concerning the production of ground water from such water-producing facility. The board of the district may fix the amount of ground water production from any such water-producing facility at an amount not to exceed the maximum production capacity of such water-producing facility; provided, however, where a water-measuring device is permanently attached thereto, the record of production as disclosed by such water-measuring device shall be presumed to be accurate and the burden is upon the district to establish to the contrary. After such determination has been made by the board of the district, a written notice thereof shall be mailed to the operator of such water-producing facility at his address as shown by the district’s records. Any such determination made by the district shall be conclusive on the operator, and on any producer producing water from such water-producing facility, and the replenishment assessment based thereon, together with interest and penalties, shall be payable forthwith, unless such operator or producer shall file with the board of directors of the district within ten (10) days after the mailing of such notice a written protest setting forth the ground or grounds for protesting the amount of production so fixed or the replenishment assessment, interest, and penalties so levied thereon. Upon the filing of such protest, said board shall hold a hearing at which time the total amount of the ground water production and the replenishment assessment thereon shall be determined, and the interest and penalties fixed, which action shall be conclusive if based upon substantial evidence. A notice of such hearing shall be mailed to protestant at least 10 days before the date fixed for the hearing. Notice of the determination by the board shall be mailed to each protestant. The producer shall have 20 days from the date of mailing of such notice to pay the replenishment assessment, interest and penalties so fixed by the board. (Added by Stats. 1955, Ch. 1514.)
60341.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 5. Penalties and Exemptions [60335 - 60343] ( Chapter 5 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The district may sue ground water producers to collect delinquent replenishment assessments, interest, or penalties, and the court may award interest and costs on any judgment. If the district seeks attachment of a defendant’s property, it does not have to post bond or other undertaking.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 5. Penalties and Exemptions [60335 - 60343] ( Chapter 5 added by Stats. 1955, Ch. 1514. ) ## 60341. The district may bring a suit in the court having jurisdiction against any producer of ground water from the ground water supplies within the district for the collection of any delinquent replenishment assessment, interest, or penalties. The court having jurisdiction of the suit may, in addition to any judgment, award interest and costs on any judgment as allowed by law. Should the district seek an attachment against the property of any named defendant therein, the district shall not be required to furnish bond or other undertaking as provided in Part 2, Title 7, Chapter 4 of the Code of Civil Procedure. (Amended by Stats. 1961, Ch. 585.)
60342.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 5. Penalties and Exemptions [60335 - 60343] ( Chapter 5 added by Stats. 1955, Ch. 1514. )
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Groundwater may not be produced from a water-producing facility in a district after the specified one-year period unless the facility has a device that measures accumulated groundwater production.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 5. Penalties and Exemptions [60335 - 60343] ( Chapter 5 added by Stats. 1955, Ch. 1514. ) ## 60342. It shall be unlawful to produce groundwater from any water-producing facility within any district from and after one year following the adoption of the resolution provided for in Section 60305 hereof, unless such water-producing facility shall have a water-measuring device affixed thereto capable of registering the accumulated amount of groundwater produced therefrom. The board by resolution may extend such date on a year-to-year basis upon its determination that availability, price of water-measuring devices, or other circumstances justify such extension. Should the date be extended, notice thereof shall be published in the district pursuant to Section 6066 of the Government Code, such publication to be completed not less than two months prior to the date so extended. This section shall not be applicable to any operator of a water-producing facility having a discharge opening two inches or less in diameter and providing groundwater for domestic or irrigation uses on an area not exceeding one acre in extent, who is required to pay a replenishment assessment in an amount fixed by resolution of the board of the district as hereinabove in this act provided. Violation of this section shall be punishable by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail for not to exceed six months, or by both such fine and imprisonment. Each day of operation of a water-producing facility in violation hereof shall constitute a separate offense. (Amended by Stats. 1983, Ch. 1092, Sec. 416. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
60343.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 5. Penalties and Exemptions [60335 - 60343] ( Chapter 5 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board may suspend the deadline to install a water-measuring device if other regulators are already monitoring most water producers in the district.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 5. Penalties and Exemptions [60335 - 60343] ( Chapter 5 added by Stats. 1955, Ch. 1514. ) ## 60343. If another public entity, or public entities, or a watermaster, or watermasters, appointed in one or more court adjudications, or any combination of the foregoing (hereafter “other regulator or regulators”) is monitoring by appropriate means the water production of substantially all water producers within the district, the board may, by resolution, indefinitely suspend the date for affixing a water-measuring device as referenced in Section 60342. The suspension does not affect any requirements of any other regulator or regulators. The suspension may be revoked, and the date for affixing water measuring devices established, by further board resolution. All resolutions adopted under this section shall be published in the district pursuant to Section 6006 of the Government Code. In the case of any revocation, the publication shall be completed not less than two months prior to the operative date of the revocation. In the case of any revocation, notice of the operative date shall be given by first-class mail, postage prepaid, to operators at any address of record within the district within the time required for publication, but no defect in or failure to mail the notice to any operator affects the operative date of the revocation. (Added by Stats. 1985, Ch. 536, Sec. 5.)
60350.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 6. Adjudication [60350 - 60352] ( Chapter 6 added by Stats. 1955, Ch. 1514. )
Verify source ↗

After a final groundwater adjudication, the district board must exempt qualifying pumped water from replenishment assessments and must set the assessment formula for production above the adjudicated share.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 6. Adjudication [60350 - 60352] ( Chapter 6 added by Stats. 1955, Ch. 1514. ) ## 60350. Commencing with the third fiscal year following a final adjudication of all or substantially all of the rights to extract ground water and a determination of the natural safe yield of the ground water supplies within the district, and a determination of the amount or extent to which the rights to extract ground water so adjudicated may be exercised without exceeding the natural safe yield of such ground water supplies, the board of such district shall recognize such judicial determination by exempting from replenishment assessments the amount of water pumped by each person whose rights have been so adjudicated which does not exceed his proportionate share of the natural safe yield of the ground water supplies of the district, as so adjudicated from time to time by the court having jurisdiction over such adjudication proceeding. The replenishment assessment shall thenceforth be levied on each producer by multiplying the production in acre-feet of ground water so produced by such producer’s water-producing facility in excess of his said adjudicated share of the natural safe yield by the rate of the replenishment assessment fixed and levied by the board for the fiscal year in which such production shall occur. Upon such final adjudication, the board may, and within 90 days after receipt of a written notice from a producer shall, by resolution make a determination whether the adjudication will invoke the provisions of this section as of the beginning of the third fiscal year. Such determination is subject at any time to review de novo by any court of competent jurisdiction in any action for declaratory relief, or other appropriate action. (Amended by Stats. 1963, Ch. 253.)
60351.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 6. Adjudication [60350 - 60352] ( Chapter 6 added by Stats. 1955, Ch. 1514. )
Verify source ↗

When groundwater supplies are replenished under this act, no person may acquire property or other rights in the water distributed by the district for replenishment purposes.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 6. Adjudication [60350 - 60352] ( Chapter 6 added by Stats. 1955, Ch. 1514. ) ## 60351. To the extent that ground water supplies are replenished under this act no person shall acquire any property or other right in the waters distributed by the district for replenishment purposes. (Added by Stats. 1955, Ch. 1514.)
60352.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 6. Adjudication [60350 - 60352] ( Chapter 6 added by Stats. 1955, Ch. 1514. )
Verify source ↗

A replenishment assessment may be treated as benefiting people who keep pumping groundwater beyond their adjudicated share of the natural safe yield.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 6. WATER REPLENISHMENT ASSESSMENT [60300 - 60352] ( Part 6 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 6. Adjudication [60350 - 60352] ( Chapter 6 added by Stats. 1955, Ch. 1514. ) ## 60352. To the extent that the replenishment assessment after adjudication hereunder shifts from all producers to those who extract water in excess of their respective shares of the natural safe yield of the ground water supplies within the district as so adjudicated, such replenishment assessment shall be deemed to benefit those persons who continue to pump and extract ground water in excess of their adjudicated shares of the natural safe yield. Inasmuch as such persons must buy supplemental water or be in contempt of the court’s order limiting their extraction of ground water, they shall be deemed to benefit by the payment of a replenishment assessment which is used to purchase water to supplement the natural supplies of ground water available for use. (Added by Stats. 1955, Ch. 1514.)
60370.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

Territory in one or more counties of this state may be annexed to a water replenishment district.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60370. Any territory including unincorporated territory or incorporated territory or a part of either, and lying within one or more counties of this State may be annexed to a water replenishment district under the provisions of this part. (Added by Stats. 1955, Ch. 1514.)
60371.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

A petition to annex an area must be filed with the district secretary and signed by enough registered voters in the area proposed to be annexed.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60371. A petition, which may consist of any number of separate instruments, shall be filed with the secretary of the district, signed by registered voters residing within the boundaries of the area proposed to be annexed equal in number to at least 10 per centum of the number of such voters residing within the area so proposed to be annexed. (Added by Stats. 1955, Ch. 1514.)
60372.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

A petition must describe the boundaries of the area to be annexed and ask that the area be annexed to the district.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60372. Such petition shall set forth and describe the boundaries of the area proposed to be annexed and shall contain a prayer that such area be annexed to such district. (Added by Stats. 1955, Ch. 1514.)
60373.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The petition text and meeting notice must be published in the affected county, with publication completed 7 to 28 days before the petition is presented to the board.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60373. The text of such petition and a notice stating the time of the meeting at which the same will be presented shall be published in the affected county pursuant to Section 6066 of the Government Code. When contained upon one or more instruments, one copy only of such petition need be published. No more than five of the names attached to the petition need appear in the publication of the petition and notice, but the number of signers shall be stated. Publication shall be complete at least seven, but not more than 28, days before the time at which the petition is to be presented to the board. (Amended by Stats. 1957, Ch. 357.)
60374.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The district secretary must, within 10 days after a petition is filed, review it and determine whether it has the required number of voter signatures.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60374. Within 10 days of the date of filing of such petition the secretary of the district shall examine the same and ascertain whether or not such petition is signed by the requisite number of voters. (Added by Stats. 1955, Ch. 1514.)
60375.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

After examining a petition, the district secretary must attach a dated certificate showing the result and certify whether the petition is sufficient or insufficient.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60375. When the secretary of the district has completed his examination of the petition, he shall attach to the same his certificate, properly dated, showing the result of such examination, and if from such examination he shall find that said petition is signed by the requisite number of voters or is not so signed, he shall certify that the same is sufficient or insufficient, as the case may be. (Added by Stats. 1955, Ch. 1514.)
60376.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If the district secretary certifies that a petition is insufficient, the secretary must also certify how many voters are needed to make it sufficient, and the petition may be amended by filing supplemental petitions within 10 days.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60376. If, by the certificate of the secretary of the district, the petition is found to be insufficient, he shall also certify to the number of voters required to make such petition sufficient, and it may be amended by filing a supplemental petition or petitions within 10 days of the date of such certificate. (Added by Stats. 1955, Ch. 1514.)
60377.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The district secretary must examine any supplemental petition or petitions and certify the result within 10 days after filing.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60377. The secretary of the district shall, within 10 days after the filing of such supplemental petition or petitions, make like examination of the same and certify to the result of such examination as hereinbefore provided. (Added by Stats. 1955, Ch. 1514.)
60378.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If a petition is certified insufficient, the secretary must file it with the district board and keep it as a public record; if it is certified sufficient, the secretary must present it to the board without delay.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60378. If his certificate shall show any such petition, or such petition as amended, to be insufficient, it shall be filed by him with the board of the district and kept as a public record, without prejudice, however, to the filing of a new petition to the same effect, but if, by the certificate of the secretary, such petition, or petition as amended, is shown to be sufficient, the secretary shall present the same to the board without delay. (Added by Stats. 1955, Ch. 1514.)
60379.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If a supplemental petition is filed, the signatures on the petition and any supplemental petition are counted together when determining how many voters signed the petition.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60379. If any supplemental petition be filed, all the signatures appended to the petition or to the supplemental petition or petitions shall be considered in determining the number of voters signing the petition. (Added by Stats. 1955, Ch. 1514.)
60380.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

After an annexation election, the sufficiency of the petition cannot be judicially reviewed or otherwise challenged.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60380. After an election for the annexation of such area to the district the sufficiency of such petition in any respect shall not be subject to judicial review or be otherwise questioned. (Added by Stats. 1955, Ch. 1514.)
60381.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

A district board may grant a petition to include territory only if it finds the territory will benefit from the district’s groundwater supplies; it may also set annexation terms and conditions, including special tax rules.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60381. Such petition may be granted by ordinance of the board of such district. No petition for inclusion may be granted unless and until the board finds that the persons and property within the territory proposed to be included will benefit directly or indirectly from the use of or right to use the ground water supplies within the district and the replenishment thereof. The petition may be granted in its entirety or only as to the part of the territory proposed to be included for which such a finding of benefit is made. If the petition be denied, either as to the whole or part of the territory to be included, no new petition for the inclusion of such territory shall be filed within six months after such denial. In granting such petition, such board of directors may fix in said ordinance the terms and conditions upon which such annexation may occur, and such terms and conditions may provide, among other things, for the levy by such district of special taxes upon the real property and improvements thereon, but not on personal property within such annexed area or areas in addition to the taxes elsewhere in this act authorized to be levied by such district, and in case such terms and conditions shall provide for the levy of such special taxes, the board, in fixing such terms and conditions, shall specify the aggregate amount to be so raised and the number of years prescribed for raising such aggregate sum and that substantially equal annual levies will be made for the purpose of raising such sum over the period so prescribed. (Added by Stats. 1955, Ch. 1514.)
60382.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If the petition is granted, the annexation proposition must be put to a vote of the voters in the proposed addition, and the board must call and hold the election within 70 days after the ordinance takes effect.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60382. If such petition is granted, the proposition of such annexation subject to the terms and conditions so fixed, shall be submitted to the vote of the voters in the proposed addition, at an election called by the board and held, as herein provided, within 70 days after the effective date of such ordinance. (Added by Stats. 1955, Ch. 1514.)
60383.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

Notice of the election must be published in the affected county, and publication must be completed 7 to 28 days before the election date.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60383. Notice of such election shall be published in the affected county pursuant to Section 6063 of the Government Code. Publication shall be complete at least seven, but not more than 28, days prior to the date fixed for such election. Such notice shall describe the boundaries of the area or areas so proposed to be annexed and shall designate such territory by some appropriate name, or other words of identification, by which such territory may be referred to and indicated upon the ballot to be used at any election at which the question of such annexation is submitted, as in this act provided. (Amended by Stats. 1957, Ch. 357.)
60384.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The notice must include the substance of the terms and conditions fixed by the board of directors.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60384. Such notice also shall contain the substance of the terms and conditions fixed by the board of directors, as herein provided. (Added by Stats. 1955, Ch. 1514.)
60385.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The ballot for the submitted measure must state the annexation question substantially in the form given, with “yes” and “no” printed on separate lines.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60385. The measure so submitted at such election shall be stated on the ballot substantially as follows: “Shall ____ (giving the name or other designation of the territory proposed to be annexed, as stated in the notice of election) be annexed to ____ (name of water replenishment district) subject to the terms and conditions fixed by the board of directors of said district?” To the right of or below the proposition, the words “yes” and “no” shall be printed on separate lines, with voting targets. (Amended by Stats. 2025, Ch. 303, Sec. 62. (AB 1512) Effective January 1, 2026.)
60386.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board must count the votes from the election, and if the proposition passes by a majority, the board president and secretary must certify that result to the Secretary of State and record a certificate with each affected county recorder.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60386. The board shall canvass the votes cast at such election and, if such proposition is approved by a majority of the voters voting thereon at such election, the president and secretary of the board of directors shall certify that fact to the Secretary of State and shall record a certificate stating that such proposition was adopted with the county recorder of each affected county in which such district is located. (Amended by Stats. 1959, Ch. 51.)
60387.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

After receiving the specified certificate, the Secretary of State must issue a certificate within 10 days, and a copy must be sent to and filed with each affected county clerk.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60387. Upon receipt of such last-mentioned certificate, the Secretary of State shall, within 10 days, issue his certificate reciting the passage of said ordinance and the addition of said area or areas to said district. A copy of said certificate shall be transmitted to, and filed with, the county clerk of each affected county in which such district is situated. (Added by Stats. 1955, Ch. 1514.)
60388.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. )
Verify source ↗

After the certificate date, the named area becomes part of the district; the taxable property there is then subject to taxation for district purposes, and the district board may take necessary steps to enforce the annexation terms.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 1. Inclusion [60370 - 60388] ( Chapter 1 added by Stats. 1955, Ch. 1514. ) ## 60388. From and after the date of such certificate, the area or areas named therein shall be deemed added to, and shall form a part of, said district, and the taxable property therein shall be subject to taxation thereafter for the purposes of said district, including the payment of bonds and other obligations of such district at the time authorized or outstanding, and the board of the district shall be empowered to do all things necessary to enforce and make effective the terms and conditions of annexation fixed as hereinabove authorized. (Added by Stats. 1955, Ch. 1514.)
60400.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

Territory within a district may be excluded, and the parcels excluded do not have to be contiguous.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60400. Territory included within any district may be excluded from such district and the parcels so to be excluded need not be contiguous one with the other. (Added by Stats. 1955, Ch. 1514.)
60401.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

A petition to exclude an area must be filed with the district secretary and signed by enough resident voters to meet a 10% threshold.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60401. A petition, which may consist of any number of separate instruments, shall be filed with the secretary of the district, signed by voters residing within the boundaries of the area proposed to be excluded equal in number to at least ten (10) per centum of the number of such voters voting for all candidates for the Office of Governor of this State at the last general election prior to the filing of such petition. (Added by Stats. 1955, Ch. 1514.)
60402.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

A petition to exclude an area from the district must describe the area’s boundaries, state the reason for the exclusion, and include a prayer that the area be excluded.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60402. Such petition shall set forth and describe the boundaries of the area proposed to be excluded, shall state the reason for proposing such exclusion, and shall contain a prayer that such area be excluded from the district. (Added by Stats. 1955, Ch. 1514.)
60403.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The district secretary must review a filed petition within 10 days and determine whether it has the required number of voter signatures.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60403. Within ten (10) days of the date of the filing of such petition the secretary of the district shall examine the same and ascertain whether or not such petition is signed by the requisite number of voters. (Added by Stats. 1955, Ch. 1514.)
60404.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

After examining a petition, the district secretary must attach a dated certificate and certify whether the petition is sufficient or insufficient.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60404. When the secretary of the district has completed his examination of the petition, he shall attach to the same his certificate, properly dated, showing the result of such examination; and if from such examination he shall find that said petition is signed by the requisite number of voters, or is not so signed, he shall certify that the same is sufficient or insufficient, as the case may be. (Added by Stats. 1955, Ch. 1514.)
60405.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If a petition is found insufficient, the district secretary must certify how many voters are needed, and the petition may be fixed by filing supplemental petitions within 10 days. The secretary must then review the supplemental filing and certify the result within 10 days after it is filed.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60405. If, by the certificate of the secretary of the district, the petition is found to be insufficient, he shall also certify to the number of voters required to make such petition sufficient, and it may be amended by filing a supplemental petition or petitions within ten (10) days of the date of such certificate. The secretary of the district shall, within ten (10) days after the filing of such supplemental petition or petitions, make like examination of the same and certify to the result of such examination as hereinbefore provided. (Added by Stats. 1955, Ch. 1514.)
60406.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If a supplemental petition is filed, signatures on the petition and any supplemental petitions must be counted when determining how many voters signed the petition.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60406. If any supplemental petition be filed, all the signatures appended to the petition or to the supplemental petition or petitions shall be considered in determining the number of voters signing the petition. (Added by Stats. 1955, Ch. 1514.)
60407.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If the secretary certifies a petition as insufficient, it must be filed with the district board and kept as a public record; if certified sufficient, the secretary must present it to the board without delay.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60407. If his certificate shall show any such petition, or such petition as amended, to be insufficient, it shall be filed by him with the board of the district and kept as a public record, without prejudice, however, to the filing of a new petition to the same effect, but if, by the certificate of the secretary, such petition, or petition as amended, is shown to be sufficient, the secretary shall present the same to the board without delay. (Added by Stats. 1955, Ch. 1514.)
60408.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The petition text and meeting notice must be published in the district before the petition is presented to the board.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60408. The text of such petition and a notice stating the time of the meeting at which the same will be presented shall be published in the district pursuant to Section 6066 of the Government Code. When contained upon more than one instrument, one copy only of such petition need be published. No more than five of the names attached to the petition need appear in such publication of the petition and notice, but the number of signers shall be stated. Publication shall be complete at least seven, but not more than 28, days before the time at which the petition is to be presented to the board. (Amended by Stats. 1957, Ch. 357.)
60409.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

After an exclusion election, the petition’s sufficiency cannot be judicially reviewed or otherwise challenged.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60409. After an election for the exclusion of such area from the district the sufficiency of such petition in any respect shall not be subject to judicial review or be otherwise questioned. (Added by Stats. 1955, Ch. 1514.)
60410.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

A district board may start proceedings to exclude territory by resolution, and the secretary must publish the resolution and hearing notice.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60410. The board of any district, by resolution, may initiate proceedings for the exclusion of territory from such district. Such resolution shall describe the boundaries of the area proposed to be excluded, shall state that neither the persons nor property within the area proposed to be excluded benefit directly or indirectly from the use of or right to use the ground water supplies within the district and the replenishment thereof, shall require all persons interested in the proposed exclusion to appear before the board and be heard as to why said area should not be so excluded, shall fix the time of the meeting of the board at which the persons so interested will be heard, and shall direct the secretary of the district to give notice thereof. The secretary thereupon shall cause the text of said resolution and a notice of the time and place of said hearing to be published in the district pursuant to Section 6066 of the Government Code. Publication shall be complete at least seven, but not more than 28, days before the time so fixed for the hearing. (Amended by Stats. 1957, Ch. 357.)
60411.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

After an election to exclude an area from the district, the sufficiency of the resolution cannot be reviewed by a court or otherwise challenged.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60411. After an election for the exclusion of such area from the district the sufficiency of such resolution shall not be subject to judicial review or be otherwise questioned. (Added by Stats. 1955, Ch. 1514.)
60412.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The district’s board of directors may grant an exclusion petition by ordinance, and if exclusion was started by resolution, it must hear interested persons before deciding.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60412. If the proceedings for exclusion have been initiated by petition, such petition may be granted by ordinance of the board of directors of such district. If such proceedings have been initiated by resolution, the board shall hear all persons interested in the proposed exclusion who appear at the hearing, which may be adjourned from time to time, and after the conclusion of the hearing, the board may determine by ordinance that such area should be excluded from the district. No petition for exclusion may be granted and no ordinance of exclusion adopted by the board if such proceedings have been initiated by resolution unless and until the board finds that neither the persons nor property within the area proposed to be excluded benefit directly or indirectly from the use of or right to use the ground water supplies within the district and the replenishment thereof. (Added by Stats. 1955, Ch. 1514.)
60413.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If a petition is granted or a determination is made, the exclusion question must be put to a vote of the voters in the area to be excluded, and the board must call and hold the election within 70 days after the ordinance takes effect.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60413. If such petition is granted, or if such determination is made, the proposition of such exclusion shall be submitted to the vote of the voters within the area proposed to be excluded, at an election called by the board and held, as herein provided, within 70 days after the effective date of such ordinance. (Added by Stats. 1955, Ch. 1514.)
60414.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The election notice must be published in the district, and publication must be finished 7 to 28 days before the election date.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60414. Notice of the election shall be published in the district pursuant to Section 6063 of the Government Code. Publication shall be complete at least 7, but not more than 28, days prior to the date fixed for the election. The notice shall describe the boundaries of the area so proposed to be excluded and shall designate the area by some appropriate name, or other words of identification, by which the area may be referred to and indicated upon the ballot to be used at any election at which the question of the exclusion is submitted, as in this act provided. The measure so submitted at the election shall be stated on the ballot substantially as follows: “Shall ____ (giving the name or other designation of the area proposed to be excluded, as stated in the notice of election) be excluded from ____ (name of water replenishment district)?” To the right of or below the proposition, the words “yes” and “no” shall be printed on separate lines, with voting targets. (Amended by Stats. 2025, Ch. 303, Sec. 63. (AB 1512) Effective January 1, 2026.)
60415.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board must canvass the votes at the election, and if the proposition passes by majority vote, the president and secretary must certify the result to the Secretary of State and file a certificate with each affected county recorder.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60415. The board shall canvass the votes cast at such election and, if the proposition is approved by a majority of the voters voting thereon at such election, the president and secretary of the board of directors shall certify that fact to the Secretary of State and shall record a certificate stating that such proposition was adopted with the county recorder of each affected county in which the district is located. (Amended by Stats. 1959, Ch. 51.)
60416.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

After receiving the specified certificate, the Secretary of State must issue a new certificate within 10 days stating that the ordinance passed and the area is excluded from the district.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60416. Upon receipt of such last-mentioned certificate, the Secretary of State shall, within 10 days, issue his certificate reciting the passage of said ordinance and the exclusion of said area from the district. A copy of said certificate shall be transmitted to, and filed with, the county clerk of each affected county in which such district is situated. (Added by Stats. 1955, Ch. 1514.)
60417.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. )
Verify source ↗

After the certificate date, the named area is excluded from the district, but property in that area remains taxable by the district for existing bonded or other indebtedness until that debt is satisfied.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2. Exclusion [60400 - 60417] ( Chapter 2 added by Stats. 1955, Ch. 1514. ) ## 60417. From and after the date of such certificate, the area named therein shall be deemed excluded from, and shall no longer form a part of, said district, but the taxable property within such excluded area shall continue taxable by such district for the purpose of paying the bonded or other indebtedness of such district outstanding or contracted for at the time of such exclusion and until such bonded or other indebtedness shall have been satisfied, to the same extent that such property would be taxable for such purpose if such exclusion had not occurred. (Added by Stats. 1955, Ch. 1514.)
60420.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2.5. Consolidation [60420- 60420.] ( Chapter 2.5 added by Stats. 1963, Ch. 163. )
Verify source ↗

A district may be consolidated using the same process that applies to county water districts.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 2.5. Consolidation [60420- 60420.] ( Chapter 2.5 added by Stats. 1963, Ch. 163. ) ## 60420. A district may be consolidated in the same manner as is provided for the consolidation of county water districts in Chapter 3 (commencing with Section 32650) of Part 8 of Division 12. (Added by Stats. 1963, Ch. 163.)
60430.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

A petition for disorganization and disincorporation may be filed with the county elections official of the principal county, if it is signed by at least 25% of the district’s voters and briefly states the reasons.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60430. A petition may be filed with the county elections official of the principal county in which the district is located, signed by at least 25 percent of the voters of the district applying for disorganization and disincorporation of the district, and briefly stating the reasons therefor. (Amended by Stats. 2002, Ch. 221, Sec. 186. Effective January 1, 2003.)
60431.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

After a petition is filed, the county elections official must review it within 30 days and check whether it has the required number of voter signatures.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60431. Upon the filing of a petition the county elections official shall examine the petition within 30 days and ascertain whether or not the petition is signed by the requisite number of voters. (Amended by Stats. 2002, Ch. 221, Sec. 187. Effective January 1, 2003.)
60432.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

After examining the petition, the county clerk must attach a properly dated certificate and certify whether the petition is sufficient or insufficient.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60432. When the county clerk has completed his examination of the petition he shall attach to the same his certificate properly dated, showing the result of such examination, and if from such examination he shall find that said petition is signed by the requisite number of voters residing within the boundaries of such district, or is not so signed, he shall certify that the same is sufficient or insufficient, as the case may be. (Added by Stats. 1955, Ch. 1514.)
60433.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

After a disincorporation election, the sufficiency of the petition cannot be judicially reviewed or otherwise challenged.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60433. After an election for the disincorporation of a district hereunder the sufficiency of such petition in any respect shall not be subject to judicial review or be otherwise questioned. (Added by Stats. 1955, Ch. 1514.)
60434.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If the petition is sufficient, the county elections official must forward it to the county board of supervisors, and the board must call an election on disincorporation and dissolution. If the district has issued bonds, the board cannot act until proof shows the bonds are fully satisfied.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60434. If by the certificate of the county elections official the petition is shown to be sufficient, the county elections official of the principal county shall present the petition to the board of supervisors of the principal county without delay. When the petition is presented by the county elections official, the board of supervisors shall give notice of an election to be held in the district for the purpose of determining whether or not the petition shall be disincorporated and dissolved; provided, however, that in the event the district shall have issued bonds, the board of supervisors shall not consider the petition or take any action hereunder until evidence shall be furnished showing the bonds to have been fully satisfied. (Amended by Stats. 2002, Ch. 221, Sec. 188. Effective January 1, 2003.)
60435.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The notice of election must be published in a district newspaper, and publication must be completed between 7 and 28 days before the election date.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60435. Said notice of election shall be published pursuant to Section 6063 of the Government Code in a newspaper published in said district and determined by said board most likely to give notice to those interested in said hearing. Publication shall be complete at least seven, but not more than 28, days prior to the date fixed for the election. The notice shall state that the question of disincorporating said corporation shall be submitted to the voters of said district at the time appointed for such election, and voters shall be invited thereby to vote upon the proposition by placing upon their ballots the cross as provided by law after the words “for disincorporation” or ”against disincorporation.” (Amended by Stats. 1957, Ch. 357.)
60436.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board of supervisors must mail a copy of the notice to each district director within five days after the notice’s first publication, and the clerk must provide an affidavit proving that mailing before any election can occur.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60436. The board of supervisors shall cause a copy of said notice to be mailed by the clerk of said board to each of the directors of said district, within five days after the date of the first publication thereof, and no election shall be had until proof of such mailing is furnished by affidavit of the clerk of said board. (Added by Stats. 1955, Ch. 1514.)
60437.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The election must be held and conducted in the same manner as the district’s organization election, as nearly as practicable.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60437. Such election shall be held and conducted in the same manner as the election on the organization of said district, as nearly as practicable. (Added by Stats. 1955, Ch. 1514.)
60438.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The board of supervisors must canvass the election vote within seven days, and must deny the disincorporation petition if the canvass shows less than a majority voted for disincorporation.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60438. Within seven days after the date of said election, the board of supervisors shall proceed to canvass the vote cast thereat; if it be found by the canvass of said votes that less than a majority of the votes cast were in favor of disincorporation, said board of supervisors shall declare the petition for disincorporation denied. (Added by Stats. 1955, Ch. 1514.)
60439.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If a majority of votes favors disincorporation, the board of supervisors must enter an order granting the petition and declaring the district disincorporated.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60439. In case it should appear from said canvass of said votes that a majority of all the votes cast were in favor of disincorporation, said board of supervisors shall make and cause to be entered upon the records of their proceedings an order that the petition for such disincorporation be granted, and declaring that such water replenishment district be disincorporated; said order to take effect at the time hereinafter provided. (Added by Stats. 1955, Ch. 1514.)
60440.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If a district is disincorporated, the board of supervisors must promptly cause the county elections official to send the Secretary of State a certified copy of the notice of election and a statement of votes against disincorporation.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60440. The board of supervisors shall in case the district is disincorporated, forthwith cause its county elections official to make and transmit to the Secretary of State a certified copy of the notice of election hereinbefore provided for, and a statement of the number of voters voting against the disincorporation. (Amended by Stats. 2002, Ch. 221, Sec. 189. Effective January 1, 2003.)
60441.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If the election results support disincorporation, the district is disincorporated 20 days after the election.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60441. Twenty days from and after the holding of the election, in case a majority of said votes were cast in favor of said disincorporation, said district shall be forever disincorporated. (Added by Stats. 1955, Ch. 1514.)
60442.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

After a district is disincorporated, the board of supervisors must determine its debts and cash on hand, the district’s directors must provide a statement, the district must transfer its money within 30 days, and the county treasurer must put the money into a special fund.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60442. Upon the disincorporation of any district in the manner hereinbefore provided for, the board of supervisors shall forthwith, after ascertaining by said canvass that the disincorporation has been carried, determine the amount of the indebtedness of said district, the amount of money in the treasury thereof and all indebtedness due or coming due the said district, and the directors of said district shall furnish the said board of supervisors with a statement showing said amount of indebtedness, the said amount of money in the treasury and all indebtedness due or coming due said district, and said district shall before the expiration of 30 days turn over to the treasurer of said county all moneys of said district in his possession, and said county treasurer shall place said money in a special fund to be drawn upon as hereinafter provided for. (Added by Stats. 1955, Ch. 1514.)
60443.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

When the district is disincorporated, every public officer must immediately turn over all public property, records, and data they hold to the board of supervisors of the principal county.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60443. Upon the disincorporation of said district every public officer of said district shall immediately turn over to the board of supervisors of the principal county in which said district is situated, all public property of every nature and description in their possession, and including all public records and data of every nature and description. (Added by Stats. 1955, Ch. 1514.)
60444.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

The act does not cancel the district’s existing liabilities or debts incurred before disincorporation.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60444. Nothing contained in this act shall be held to relieve said district, or the territory included within it, from any liability or any debt contracted by said district prior to its disincorporation. (Added by Stats. 1955, Ch. 1514.)
60445.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

Warrants for the district’s indebtedness must be drawn on the order of the board of supervisors of the principal county, using the specified county treasury fund.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60445. All warrants for said indebtedness shall be drawn on order of the board of supervisors of the principal county in which said district is situated, on the fund hereinabove provided for in the county treasury. (Added by Stats. 1955, Ch. 1514.)
60446.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

After district disincorporation, if the county fund is short, the board of supervisors must levy taxes on property in the former district to pay the district’s debts.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60446. All moneys paid into the county treasury under the provisions of this act shall be placed in the special fund hereinbefore provided for. If at any time after the disincorporation of said district it shall be found that there is not sufficient money in the treasury to the credit of the fund hereinbefore provided, with which to pay any indebtedness of said district, said board of supervisors shall have the power, and it shall be their duty, to levy upon, and there shall be collected from, the property within the territory formerly included within said district subject to taxation for the indebtedness, a tax or taxes sufficient in amount to pay the said indebtedness as the same shall become due; such tax or taxes, assessments and collections shall be made in the same manner and at the same time that other taxes of each affected county are levied and collected, and they shall be an additional tax within said territory for the payment of said debts. (Added by Stats. 1955, Ch. 1514.)
60447.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If the district has surplus funds after all debts are paid, the board of supervisors must distribute the surplus pro rata to paid taxpayers, and taxpayers may demand a refund of their share.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60447. If after payment of all debts of said district there shall remain any surplus in the hands of said county treasurer to the credit of the fund hereinbefore mentioned, the board of supervisors shall appropriate said surplus and declare a dividend pro rata to the taxpayers of said district duly paid, and said taxpayers shall have the right to have the amount of such pro rata dividends refunded to them on demand, and the said board of supervisors shall refund such pro rata to said taxpayers and each thereof. (Added by Stats. 1955, Ch. 1514.)
60448.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

If a disincorporated district’s directors do not provide the required statement, the county board of supervisors must determine the district’s debts and assets, arrange collection and winding up, and the county may collect the debts in its own name.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60448. The board of supervisors of the principal county in which any such district has been disincorporated, shall have the power and it shall be the duty of said board, if the board of directors of such district shall fail or refuse to return to said board the statement of said amounts as hereinbefore in this act provided, to ascertain the indebtedness, other than the bonded indebtedness, of said district at the time of its disincorporation, the amount of money in its treasury and the amount due it at the said time; said board of supervisors shall make provision for the collection of the amounts due to said district, for the closing up of its affairs, and any act or acts necessary for said purposes not otherwise herein provided for, shall upon the order of said board of supervisors directing the same, be as fully done and performed and with as full effect as if the same had been performed by the proper officers of said district before disincorporation, and said county shall succeed to and possess all the right of said district in and to said indebtedness, and shall have the power to sue for or otherwise collect any such debts in the name of said county, and all costs and expenses of ascertaining the facts hereinbefore mentioned, and all other costs and expenses incurred by the board of supervisors in the execution of the orders and duties of said board of supervisors provided for in this act, shall be paid out of the special fund in this act provided for. (Added by Stats. 1955, Ch. 1514.)
60449.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. )
Verify source ↗

A district may not be disincorporated until all bonded indebtedness has been fully paid.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 7. CHANGES IN ORGANIZATION [60370 - 60449] ( Part 7 added by Stats. 1955, Ch. 1514. ) ## CHAPTER 3. Disincorporation [60430 - 60449] ( Chapter 3 added by Stats. 1955, Ch. 1514. ) ## 60449. It is the intent of the Legislature that no district shall be disincorporated until all bonded indebtedness shall have been fully paid, and by the word “indebtedness” as used herein is meant all indebtedness other than said bonded indebtedness unless the latter is expressly used. (Added by Stats. 1955, Ch. 1514.)
6052.
## 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 3. Administrative Provisions [6052 - 6056] ( Chapter 3 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

The department must hire the clerical, engineering, and other assistants needed for dam and reservoir supervision under this part.

## 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 3. Administrative Provisions [6052 - 6056] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## 6052. The department shall employ such clerical, engineering, and other assistants as are necessary for carrying on the work of dam and reservoir supervision in accordance with this part. (Amended by Stats. 1965, Ch. 1225.)
6053.
## 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 3. Administrative Provisions [6052 - 6056] ( Chapter 3 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

The department may employ consultants.

## 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 3. Administrative Provisions [6052 - 6056] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## 6053. The department may employ consultants. (Enacted by Stats. 1943, Ch. 368.)
6054.
## 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 3. Administrative Provisions [6052 - 6056] ( Chapter 3 enacted by Stats. 1943, Ch. 368. )
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The department must appoint a consulting board of at least two consultants when safety and technical considerations require it or when the owner requests it in writing.

## 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 3. Administrative Provisions [6052 - 6056] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## 6054. When the safety and technical considerations pertaining to a certificate of approval, dam, reservoir, or plans and specifications require it, or when requested in writing to do so by the owner, the department shall appoint a consulting board of two or more consultants to report to the department on the safety features involved. (Amended by Stats. 1965, Ch. 1225.)
6055.
## 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 3. Administrative Provisions [6052 - 6056] ( Chapter 3 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

If an owner requests a consulting board and it is appointed, the owner must pay the board’s cost and expense.

## 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 3. Administrative Provisions [6052 - 6056] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## 6055. The cost and expense of a consulting board if appointed on the request of an owner shall be paid by the owner. (Enacted by Stats. 1943, Ch. 368.)
6056.
## 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 3. Administrative Provisions [6052 - 6056] ( Chapter 3 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

The department must keep a three-member board of consultants, and that board must make an independent report to the director when a certificate of approval for a department-owned dam is issued, modified, or renewed.

## 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 3. Administrative Provisions [6052 - 6056] ( Chapter 3 enacted by Stats. 1943, Ch. 368. ) ## 6056. The department shall retain a board of three consultants who shall make an independent report to the director upon the issuance, modification, or renewal of any certificate of approval for any dam owned by the department. (Added by Stats. 1967, Ch. 284.)
60600.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 8. COMPETITIVE BIDDING [60600 - 60622] ( Part 8 added by Stats. 2000, Ch. 888, Sec. 3. )
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This part applies to contracts made by water replenishment districts established under this division.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 8. COMPETITIVE BIDDING [60600 - 60622] ( Part 8 added by Stats. 2000, Ch. 888, Sec. 3. ) ## 60600. This part applies to contracts by water replenishment districts established pursuant to this division. (Added by Stats. 2000, Ch. 888, Sec. 3. Effective January 1, 2001.)
60604.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 8. COMPETITIVE BIDDING [60600 - 60622] ( Part 8 added by Stats. 2000, Ch. 888, Sec. 3. )
Verify source ↗

The district must follow competitive bidding steps for improvement or work contracts, including notice, sealed bids, public opening, and returning unsuccessful bidders’ security within 60 days.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 8. COMPETITIVE BIDDING [60600 - 60622] ( Part 8 added by Stats. 2000, Ch. 888, Sec. 3. ) ## 60604. (a) For any improvement or unit of work done by district personnel, the estimated cost of the work shall not exceed twenty-five thousand dollars ($25,000), except under either of the following circumstances: (1) The work consists of maintenance work, as defined in subdivision (d) of Section 22002 of the Public Contract Code. (2) The work consists of emergency work. (b) Notice of a contract for any improvement or work shall be made by the district after publication pursuant to Section 6064 of the Government Code. The notice shall set forth all of the following information: (1) Plans and specifications of the work to be done can be seen at the office of the district. (2) The board will receive sealed bids. (3) The contract will be let to the lowest responsible bidder. (4) The bids will be opened in public at a given time and place. (c) If less than the whole work provided for in the plans and specifications is to be done, the portion to be done shall be particularly described in the notice. (d) All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security: (1) Cash. (2) A cashier’s check made payable to the district. (3) A certified check made payable to the district. (4) A bidder’s bond executed by an admitted surety insurer, made payable to the district. (e) Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period, but in no event shall that security be held by the district beyond 60 days from the time the award is made. (f) The board may do any of the following: (1) Let the work to the lowest responsible bidder. (2) Reject any or all bids and readvertise for proposals. (3) Proceed to construct the work under its own superintendence. (4) If no bids are received, negotiate a contract for the work. (Amended by Stats. 2023, Ch. 592, Sec. 1. (AB 1736) Effective January 1, 2024.)
60614.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 8. COMPETITIVE BIDDING [60600 - 60622] ( Part 8 added by Stats. 2000, Ch. 888, Sec. 3. )
Verify source ↗

If there is an emergency involving repair or replacement of district facilities and bid notice will not be given, the district must follow Chapter 2.5 of the Public Contract Code.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 8. COMPETITIVE BIDDING [60600 - 60622] ( Part 8 added by Stats. 2000, Ch. 888, Sec. 3. ) ## 60614. In case of an emergency relating to the repair or replacement of district facilities, if notice for bids to let contracts will not be given, the district shall comply with Chapter 2.5 (commencing with Section 22050) of the Public Contract Code. (Amended by Stats. 2001, Ch. 829, Sec. 3. Effective January 1, 2002.)
60618.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 8. COMPETITIVE BIDDING [60600 - 60622] ( Part 8 added by Stats. 2000, Ch. 888, Sec. 3. )
Verify source ↗

The board may contract for materials if it receives an offer lower than the lowest rejected bid.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 8. COMPETITIVE BIDDING [60600 - 60622] ( Part 8 added by Stats. 2000, Ch. 888, Sec. 3. ) ## 60618. Upon receipt of an offer for a less price than that specified in the lowest rejected bid, the board may enter into a contract for the furnishing of the materials with the person who has offered them at the lowest price. (Added by Stats. 2000, Ch. 888, Sec. 3. Effective January 1, 2001.)
60620.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 8. COMPETITIVE BIDDING [60600 - 60622] ( Part 8 added by Stats. 2000, Ch. 888, Sec. 3. )
Verify source ↗

A successful contract bidder must provide a district-approved bond for 25% of the contract price, and the district must approve and oversee the work.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 8. COMPETITIVE BIDDING [60600 - 60622] ( Part 8 added by Stats. 2000, Ch. 888, Sec. 3. ) ## 60620. Any person to whom a contract is awarded shall enter into a bond, to be approved by the district, payable to the district for its use, for 25 percent of the amount of the contract price, conditioned for the full and faithful performance of the contract. The work shall be done under the direction and to the satisfaction of, and be approved by, the district. (Added by Stats. 2000, Ch. 888, Sec. 3. Effective January 1, 2001.)
60622.
## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 8. COMPETITIVE BIDDING [60600 - 60622] ( Part 8 added by Stats. 2000, Ch. 888, Sec. 3. )
Verify source ↗

Contracts and other documents over $40,000 need board authorization and the president’s and secretary’s signatures, unless the board authorizes a specific document by resolution for manager-and-representative signing up to $100,000.

## Water Code - WAT ## DIVISION 18. WATER REPLENISHMENT DISTRICTS [60000 - 60622] ( Division 18 added by Stats. 1955, Ch. 1514. ) ## PART 8. COMPETITIVE BIDDING [60600 - 60622] ( Part 8 added by Stats. 2000, Ch. 888, Sec. 3. ) ## 60622. (a) Contracts and other documents executed by the district that require or authorize the district to expend forty thousand dollars ($40,000) or more shall be authorized by the board of directors and signed by the president and the secretary except that the board may, by resolution, authorize a specific contract or other document, not to exceed one hundred thousand dollars ($100,000), to be signed by the district manager and one other district representative. (b) Contracts and other documents executed by the district that require or authorize the district to expend less than forty thousand dollars ($40,000) may be approved and signed by the district manager and one other district representative authorized by the board of directors, provided, however, that the manager shall not execute multiple contracts or documents on behalf of the district with the same person or entity within a one-year period that cumulatively total forty thousand dollars ($40,000) or more, without the board’s prior approval. (Amended by Stats. 2022, Ch. 891, Sec. 11. (SB 1476) Effective January 1, 2023.)
6075.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Powers in General [6075 - 6081] ( Article 1 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

The department must supervise work on dams and reservoirs, including construction, enlargement, alteration, repair, maintenance, operation, and removal.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Powers in General [6075 - 6081] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 6075. The department, under the police power of the state, shall supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property as provided in this part. (Amended by Stats. 1965, Ch. 1225.)
6076.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Powers in General [6075 - 6081] ( Article 1 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

The department has jurisdiction over all dams and reservoirs in the state.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Powers in General [6075 - 6081] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 6076. All dams and reservoirs in the state are under the jurisdiction of the department. (Amended by Stats. 1965, Ch. 1225.)
6077.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Powers in General [6075 - 6081] ( Article 1 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

Dam and reservoir work is prohibited unless the department approves it under this part.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Powers in General [6075 - 6081] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 6077. It is unlawful to construct, enlarge, repair, alter, remove, maintain, or operate any dam or reservoir except upon approval of the department as provided in this part. (Amended by Stats. 1965, Ch. 1225.)
6078.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Powers in General [6075 - 6081] ( Article 1 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

The department may adopt and revise rules, regulations, and general orders needed to carry out this part, as long as they are not inconsistent with it.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Powers in General [6075 - 6081] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 6078. The department shall adopt and revise from time to time such rules and regulations and issue such general orders as may be necessary for carrying out, but not inconsistent with, the provisions of this part. (Enacted by Stats. 1943, Ch. 368.)
6079.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Powers in General [6075 - 6081] ( Article 1 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

The department may cooperate with the United States or its agencies when carrying out this part.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Powers in General [6075 - 6081] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 6079. In carrying out the provisions of this part the department may cooperate with the United States or any of its agencies. (Enacted by Stats. 1943, Ch. 368.)
6080.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Powers in General [6075 - 6081] ( Article 1 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

The department or its representatives may enter private property when necessary to carry out investigations or inspections authorized by this part.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Powers in General [6075 - 6081] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 6080. In making any investigations or inspections required or authorized by this part the department or its representatives may enter upon private property as may be necessary. (Enacted by Stats. 1943, Ch. 368.)
6081.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Powers in General [6075 - 6081] ( Article 1 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

The department must consider seepage, earth movement, and similar nearby conditions when assessing dam or reservoir danger, and if it finds a condition creates danger, it must order the owner to take necessary action.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Powers in General [6075 - 6081] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 6081. In determining whether or not a dam or reservoir or proposed dam or reservoir constitutes or would constitute a danger to life or property, the department shall take into consideration the possibility that the dam or reservoir might be endangered by seepage, earth movement, or other conditions which exist or which might occur in any area in the vicinity of the dam or reservoir. Whenever the department deems that any such condition endangers a dam or reservoir, it shall order the owner to take such action as the department determines to be necessary to remove the resultant danger to life and property. (Added by Stats. 1965, Ch. 1225.)
6100.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Maintenance and Operation [6100 - 6103] ( Article 2 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

The department has power to supervise the maintenance and operation of dams and reservoirs when needed to protect life and property from failure-related injury.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Maintenance and Operation [6100 - 6103] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 6100. Supervision over the maintenance and operation of dams and reservoirs insofar as necessary to safeguard life and property from injury by reason of the failure thereof is vested in the department. (Amended by Stats. 1965, Ch. 1225.)
6101.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Maintenance and Operation [6100 - 6103] ( Article 2 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

The department can require dam or reservoir owners to keep and report maintenance-related records, and owners or their agents must promptly tell the department about sudden floods or other alarming events affecting the 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Maintenance and Operation [6100 - 6103] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 6101. The department may require owners to keep records of, and to report on, maintenance, operation, staffing, and engineering and geologic investigations and shall issue such rules and regulations and orders as necessary to secure maintenance and operation and to require staffing and engineering and geologic investigations which will safeguard life and property. In addition, the owner of a dam or reservoir or his agent shall fully and promptly advise the department of any sudden or unprecedented flood or unusual or alarming circumstance or occurrence affecting the dam or reservoir. (Amended by Stats. 1965, Ch. 1225.)
6102.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Maintenance and Operation [6100 - 6103] ( Article 2 enacted by Stats. 1943, Ch. 368. )
Verify source ↗

The Division of Safety of Dams must inspect jurisdictional dams annually, except low hazard potential dams, which must be inspected at least every two fiscal years. It must also consult with independent dam safety organizations and keep California dam safety procedures aligned with best practices and current knowledge.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Maintenance and Operation [6100 - 6103] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 6102. The Legislature finds and declares all of the following: (a) The Division of Safety of Dams as part of the department inspects and reevaluates its jurisdictional dams and reservoirs for the purpose of determining their safety. (b) Globally and nationally, there is recognition that, as with all aging infrastructure, there is an unmet need regarding dam maintenance and repairs. California needs to continue to lead efforts to address these unmet needs, and improve upon standards set by regulatory agencies to ensure public safety. (c) In order to ensure the safe operation of dams and to maintain public confidence in dam safety, the Division of Safety of Dams must inspect dams within its jurisdiction once per fiscal year with the exception of low hazard potential dams which will receive inspections every two fiscal years at a minimum. California’s dam safety procedures must stay on par with, or ahead of, best practices and must continually update those procedures based on the best available knowledge. (d) In order to ensure that the practices of the Division of Safety of Dams continue to reflect the best available knowledge, and in light of the recommendations arising from the independent Forensic Team’s review of the Oroville Dam spillway incident, the Division must consult with independent dam safety and dam safety risk management organizations to propose additions to the Division’s existing dam safety program in order to incorporate updated best practices to ensure public safety, as set forth in Section 6103. (Repealed and added by Stats. 2018, Ch. 3, Sec. 2. (AB 1270) Effective February 26, 2018.)
6102.5.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Maintenance and Operation [6100 - 6103] ( Article 2 enacted by Stats. 1943, Ch. 368. )
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The department must inspect dams and reservoirs on a schedule, can require owners to do needed safety work at their expense, and dam owners must operate and periodically demonstrate critical outlet and spillway controls.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Maintenance and Operation [6100 - 6103] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 6102.5. (a) The department shall inspect dams, reservoirs, and appurtenant structures to verify their safety in accordance with the following schedule: (1) A facility that has been determined by the department, pursuant to Section 6160, to have a hazard classification of significant, high, or extremely high, shall be inspected at least once per fiscal year. (2) A facility that has been determined by the department, pursuant to Section 6160, to have a hazard classification of low shall be inspected at least once every two fiscal years. (b) The department shall require owners to perform, at the owner’s expense, work as necessary to disclose information sufficient to enable the department to determine conditions of dams, reservoirs, and critical appurtenant structures regarding their safety and to perform, at the owner’s expense, other work necessary to secure maintenance and operation that will safeguard life and property. An inspection pursuant to subdivision (a) shall include, but is not limited to, visual inspection of major features of the dam, including its groins, abutments, and toe areas, the dam’s spillway, and the dam’s outlet works. The inspection shall also evaluate seepage and instrumentation, and include a review of available geological data and existing geological conditions. (c) An owner of a dam shall operate critical outlet and spillway control features on an annual basis and shall demonstrate their full operability in the presence of the department every three years or as directed by the department. (d) (1) Except as provided in paragraph (2), dam inspection reports conducted by the Division of Safety of Dams shall be public records subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (2) (A) Notwithstanding paragraph (1), the department, in accordance with applicable law and in consultation with the dam owner and relevant local, state, or federal public safety entities, may withhold from public release sensitive data, images, or other information that discloses a dam’s vulnerability or poses a security threat. (B) If the department withholds information pursuant to subparagraph (A), the department shall include in the public release a statement of findings that the withheld information would disclose a dam’s vulnerability or pose a security threat, as described in subparagraph (A). (Amended by Stats. 2021, Ch. 615, Sec. 429. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
6103.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Maintenance and Operation [6100 - 6103] ( Article 2 enacted by Stats. 1943, Ch. 368. )
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The Division of Safety of Dams and the department must update, review, notify about, publish, and report on dam safety inspection and reevaluation protocols.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 2. Maintenance and Operation [6100 - 6103] ( Article 2 enacted by Stats. 1943, Ch. 368. ) ## 6103. (a) (1) On or before January 1, 2019, the Division of Safety of Dams, in consultation with independent, national dam safety and dam safety risk management organizations, including, but not limited to, the Association of State Dam Safety Officials and the United States Society on Dams, shall propose amendments to its dam safety inspection and reevaluation protocols to incorporate updated best practices, including risk management, to ensure public safety. (2) Each proposed amendment, at minimum, shall provide an estimated range of potential cost to implement the new protocol and resulting required remediation, if any. The proposed amendments shall specify which dams the protocol applies to. (3) The amendments proposed in paragraph (1) shall provide, at a minimum, that re-evaluations of extremely high hazard and high hazard dams include the review of the original design and construction, geotechnical, structural, hydraulic, hydrological, geologic, seismic hazard, monitoring and instrumentation, and overall dam performance, as applicable to the feature being re-evaluated. (b) (1) Every ten years, the Division of Safety of Dams, in consultation with national dam safety organizations, shall reassess the previously adopted amendments and propose additional amendments as necessary. This section does not preclude more frequent revisions as needed. (2) The department shall notify dam owners and the Legislature of the Division of Safety of Dams’ intent to update its dam safety inspection and reevaluation protocols prior to amending the protocols. The department shall also provide notice on its public Internet Web site of the planned update and the schedule for the update. (3) The department shall make its dam safety inspection and reevaluation protocols and any updates to the protocols available on its Internet Web site. (c) (1) The department shall report to the Governor and the Legislature on the amendments developed pursuant to subdivisions (a) and (b) and shall continue to coordinate with appropriate federal entities. (2) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2018, Ch. 3, Sec. 4. (AB 1270) Effective February 26, 2018.)
6110.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Emergency Work [6110 - 6113] ( Article 3 enacted by Stats. 1943, Ch. 368. )
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The department must immediately use any necessary remedial means to protect life and property when a dam or reservoir is dangerously unsafe or when passing or imminent floods threaten 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Emergency Work [6110 - 6113] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 6110. The department shall immediately employ any remedial means necessary to protect life and property if either: (a) The condition of any dam or reservoir is so dangerous to the safety of life or property as not to permit of time for the issuance and enforcement of an order relative to maintenance or operation. (b) Passing or imminent floods threaten the safety of any dam or reservoir. (Amended by Stats. 1965, Ch. 1225.)
6111.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Emergency Work [6110 - 6113] ( Article 3 enacted by Stats. 1943, Ch. 368. )
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In an emergency, the department may take remedial action related to the 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Emergency Work [6110 - 6113] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 6111. In applying the remedial means provided for in this article, the department may in emergency do any of the following: (a) Lower the water level by releasing water from the reservoir. (b) Completely empty the reservoir. (c) Take such other steps as may be essential to safeguard life and property. (Enacted by Stats. 1943, Ch. 368.)
6112.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Emergency Work [6110 - 6113] ( Article 3 enacted by Stats. 1943, Ch. 368. )
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The department must keep control of the dam or reservoir, and its appurtenances, until they are safe or the emergency ends.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Emergency Work [6110 - 6113] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 6112. The department shall continue in full charge and control of such dam or reservoir, or both, and its appurtenances until they are rendered safe or the emergency occasioning the action has ceased. (Amended by Stats. 1965, Ch. 1225.)
6113.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Emergency Work [6110 - 6113] ( Article 3 enacted by Stats. 1943, Ch. 368. )
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The state may recover remedial-work costs from the owner of a dam or reservoir, and the department brings the court action.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 3. Emergency Work [6110 - 6113] ( Article 3 enacted by Stats. 1943, Ch. 368. ) ## 6113. The cost and expenses of the remedial means provided in this article, including cost of any work done to render a dam or reservoir or its appurtenances safe, shall be recoverable by the state from the owner by action brought by the department in the superior court of the county wherein the dam or reservoir or any part thereof is situated. (Amended by Stats. 1965, Ch. 1225.)
6120.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Investigations and Studies [6120 - 6121] ( Article 4 enacted by Stats. 1943, Ch. 368. )
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The department must carry out investigations and collect data about dams, reservoirs, and related appurtenances.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Investigations and Studies [6120 - 6121] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 6120. For the purpose of enabling it to make decisions as compatible with economy and public safety as possible the department shall make or cause to be made such investigations and shall gather or cause to be gathered such data as may be needed for a proper review and study of the various features of the design and construction of dams, reservoirs, and appurtenances. (Enacted by Stats. 1943, Ch. 368.)
6121.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Investigations and Studies [6120 - 6121] ( Article 4 enacted by Stats. 1943, Ch. 368. )
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The department must make or arrange watershed investigations and studies that can help its decisions.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 4. Investigations and Studies [6120 - 6121] ( Article 4 enacted by Stats. 1943, Ch. 368. ) ## 6121. The department shall also make or cause to be made such watershed investigations and studies as may facilitate its decisions. (Enacted by Stats. 1943, Ch. 368.)
6150.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Action and Procedure to Restrain Violations [6150 - 6157] ( Article 5 enacted by Stats. 1943, Ch. 368. )
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The department may bring an action or proceeding under this article, using mandamus or injunction, to stop or prevent violations or threatened violations.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Action and Procedure to Restrain Violations [6150 - 6157] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 6150. The department may commence an action or proceeding under this article, either by mandamus or injunction, for the purpose of stopping or preventing violations or threatened violations. (Enacted by Stats. 1943, Ch. 368.)
6151.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Action and Procedure to Restrain Violations [6150 - 6157] ( Article 5 enacted by Stats. 1943, Ch. 368. )
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An action or proceeding under this article may be started when certain owners, their personnel, or contractors are failing to do required acts or are violating the part or departmental requirements.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Action and Procedure to Restrain Violations [6150 - 6157] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 6151. An action or proceeding under this article may be commenced whenever any owner or any person acting as a director, officer, agent, or employee of any owner, or any contractor or agent or employee of such contractor is: (a) Failing or omitting or about to fail or omit to do anything required of him by this part or by any approval, order, rule, regulation, or requirement of the department under the authority of this part; or (b) Doing or permitting anything or about to do or permit anything to be done in violation of or contrary to this part or any approval, order, rule, regulation, or requirement of the department under this part. (Enacted by Stats. 1943, Ch. 368.)
6152.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Action and Procedure to Restrain Violations [6150 - 6157] ( Article 5 enacted by Stats. 1943, Ch. 368. )
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An action or proceeding under this article must be started in the superior court of the county tied to the dispute, the defendant’s main business location, or the defendant’s residence.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Action and Procedure to Restrain Violations [6150 - 6157] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 6152. Any action or proceeding under this article shall be commenced in the superior court in and for the county in which (a) the cause or some part thereof arose, (b) the owner or person complained of has its principal place of business, or (c) the person complained of resides. (Enacted by Stats. 1943, Ch. 368.)
6153.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Action and Procedure to Restrain Violations [6150 - 6157] ( Article 5 enacted by Stats. 1943, Ch. 368. )
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Any action or proceeding under this article must be filed by petition in superior court.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Action and Procedure to Restrain Violations [6150 - 6157] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 6153. Any action or proceeding under this article shall be brought by petition in the superior court, alleging the violation or threatened violation complained of, and praying for appropriate relief by way of mandamus or injunction. (Enacted by Stats. 1943, Ch. 368.)
6154.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Action and Procedure to Restrain Violations [6150 - 6157] ( Article 5 enacted by Stats. 1943, Ch. 368. )
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The court must set a deadline of no more than 20 days after service of the petition copy for the owner or person complained of to answer.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Action and Procedure to Restrain Violations [6150 - 6157] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 6154. The court shall specify a time, not exceeding 20 days after the service of the copy of the petition, within which the owner or person complained of shall answer the petition, and in the meantime the owner or person may be restrained. (Enacted by Stats. 1943, Ch. 368.)
6155.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Action and Procedure to Restrain Violations [6150 - 6157] ( Article 5 enacted by Stats. 1943, Ch. 368. )
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If there is a default in answer, or after an answer is filed, the court must immediately inquire into the facts and circumstances of the case.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Action and Procedure to Restrain Violations [6150 - 6157] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 6155. In case of default in answer or after answer the court shall immediately inquire into the facts and circumstances of the case. (Enacted by Stats. 1943, Ch. 368.)
6156.
## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Action and Procedure to Restrain Violations [6150 - 6157] ( Article 5 enacted by Stats. 1943, Ch. 368. )
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The court may join parties it considers necessary or proper to make its judgment, order, or writ effective.

## 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 4. Powers of the Department [6075 - 6162] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 5. Action and Procedure to Restrain Violations [6150 - 6157] ( Article 5 enacted by Stats. 1943, Ch. 368. ) ## 6156. The court may join such parties as it deems necessary or proper in order to make its judgment, order, or writ effective. (Enacted by Stats. 1943, Ch. 368.)

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