Water Code, 1943

This section defines “President” as the president of a district’s board of directors.

This section defines “Secretary” as the secretary of a district.

This section says the division does not repeal or change other laws about water, water supply to cities, or cities’ acquisition of water.

Adding territory to a municipal water district does not destroy the identity or legal existence of a public corporation or agency, or impair its powers.

A notice requirement in this division is read to mean notice in each affected county, unless Sections 72322 or 72341 provide אחרת.

In multi-county districts, papers that this division says must be filed with a county clerk are filed with the secretary, except for formation proceedings.

For districts with lands in more than one county, the procedure for formation, fiscal matters, and taxation should conform as closely as possible to the comparable rules for districts in one county, unless this division provides otherwise.

In this part, “county clerk” means the county clerk of the principal county unless the context requires otherwise.

This part defines “board of supervisors” to mean the board of supervisors of the principal county, unless the context requires otherwise.

This section defines “application” for this part as an application to शुरू the proceedings to form a district under the Knox-Nisbet Act.

People in any county or counties, or parts of them, may organize a district under this division.

Cities included in the district do not have to be contiguous, and unincorporated territory may be made up of one or more noncontiguous parcels.

This section defines “territory of a city” for this article.

If an application includes part of a city, the whole city must be included within the proposed district boundaries unless this article says otherwise.

If an application covers land inside a proposed city with a valid incorporation petition on file, that whole proposed city area must be included in the proposed district.

If the stated application and formation proceedings are timely and properly commenced, annexed city territory outside the district does not block or invalidate formation of the district.

If the district formation process has been properly started and pursued on time, later inclusion of land in a new or annexed city does not stop or invalidate formation.

Territory added to or included within a proposed district does not stop the district from being formed, if the earlier proceedings were not started by a valid petition filed before the formation petition.

A district may be formed to include the rest of a city’s corporate area if part of that city is already inside an existing municipal water district before the formation petition is filed.

If part of a city is later included in an existing municipal water district before the formation petition is filed, that part must be left out of the petition.

In a specified annexation situation, district formation proponents may leave out the affected territory from the proposed municipal water district, and if they do, no part of the city may be included.

A petition to form a district must be filed with the county elections official.

A formation petition must be signed by enough registered voters: at least 10% of registered voters in the proposed district, and if cities are included, at least 10% of the registered voters in each included city.

If only part of a city is inside a proposed district, the petition must be signed by voters from that part, using either a 10% rule or, if fewer than 12 registered voters live there, a 50% rule.

A formation petition must describe the proposed district’s boundaries and include a request that the district be formed under this division.

The formation petition for a proposed municipal water district must describe the district boundaries the same way as the declaration of intention and must include the same area, unless this part authorizes otherwise.

Proponents must start circulating a formation petition within 30 days after filing the declaration of intention, and must circulate and file the petition with the county elections official within 90 days.

The county elections official must examine a formation petition within 30 days of filing and decide whether it has the requisite number of voter signatures. If the county elections official asks, the board of supervisors must authorize extra help for that task and provide compensation for those workers.

After finishing the examination of a formation petition, the county elections official must attach a properly dated certificate showing the result.

The county elections official must certify a formation petition as sufficient if it has the required number of voter signatures in the proposed district and each included city; otherwise, the official must certify it as insufficient.

If the county elections official finds a formation petition insufficient, the official must certify how many voters are needed to make it sufficient. A supplemental petition may be filed within 10 days from the certificate date.

Within 30 days after a supplemental petition is filed, the county elections official must examine it and certify the result.

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

If the formation petition is found insufficient after supplemental petitions are reviewed, it must be filed with the board of supervisors and kept as a public record.

If the county elections official’s certificate shows the formation petition is sufficient, the county elections official must send the petition to the board of supervisors without delay.

After an election to form a proposed district, the sufficiency of the formation petition cannot be challenged in court or otherwise questioned.

When a formation petition is presented, the board of supervisors must divide the proposed district into five divisions and number them first through fifth.

When the proposed district is divided into five divisions, the board of supervisors must call and arrange an election in the proposed district.

The formation election must be held on the next established election date at least 74 days after the resolution or ordinance calling it. The board of supervisors may consolidate election precincts for this election.

The notice of the formation election must be published once in one to three newspapers in each affected county, at least one week and no more than four weeks before the election.

After a district formation election is called, the legislative body must notify the local agency formation commission executive officer within 5 days, the executive officer must prepare an impartial analysis within 5 days of notice, and the commission must approve or modify that analysis within 5 days of receiving it.

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

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

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

The notice for a formation election must include the district boundaries, the district name, a statement about first directors, and the names of director candidates for each division.

At the formation election, the specified measure must be submitted to voters.

A person may not vote at a formation election unless the person is a voter.

The board of supervisors must canvass the vote within seven days after the formation election.

If less than a majority of votes in any affected county support the proposition, the district formation fails.

The first directors must be elected at the formation election.

Each division elects one director, and each director must live in the division they are elected from.

Candidates must declare their candidacy and be nominated, unless this division provides otherwise.