Water Code — Part 38 | WAT — United States — California law | Esheria

Water Code

Part 38 of 51 · provisions 7,401–7,600

This section says the act is called the Water Code.

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Local custom is only one factor in judging the reasonableness of a water use, method of use, or diversion; it cannot by itself decide the issue. This section says the coordinated state water conservation, development, and utilization plan is called the “State Water Plan.” The American River Development is included in the State Water Plan. The State may not issue a water appropriation permit for a project that would flood any part of Gold Discovery Site State Park at Coloma unless the issuance is specifically authorized by law. This section gives the Georgetown Divide Public Utility District rights to pursue a federal permit and license, limits water-rights filings and permits for certain South Fork of the American River projects for set periods, and requires some applicants to evaluate alternatives or replace lost uses.

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Provisions of Water Code

Showing 200 of 10,024

  1. 71018.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. )

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71018. “President” means the president of the board of directors of a district. (Added by Stats. 1963, Ch. 156.)
  2. 71019.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. )

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Definitions [71010 - 71019] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71019. “Secretary” means the secretary of a district. (Added by Stats. 1963, Ch. 156.)
  3. 71030.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. General Provisions [71030 - 71036] ( Chapter 3 added by Stats. 1963, Ch. 156. )

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. General Provisions [71030 - 71036] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 71030. Nothing in this division shall be construed as repealing or modifying any other law relating to water or the supply of water to cities, or the acquisition thereof by cities. (Added by Stats. 1963, Ch. 156.)
  4. 71032.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. General Provisions [71030 - 71036] ( Chapter 3 added by Stats. 1963, Ch. 156. )

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    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. General Provisions [71030 - 71036] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 71032. The inclusion in, or annexation or addition to, a district, of the territory of any public corporation or agency shall not destroy the identity or legal existence, or impair the powers, of the public corporation or agency, notwithstanding the identity, or substantial identity, of purpose of the district. (Added by Stats. 1963, Ch. 156.)
  5. 71034.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. General Provisions [71030 - 71036] ( Chapter 3 added by Stats. 1963, Ch. 156. )

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. General Provisions [71030 - 71036] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 71034. Except as otherwise provided in Sections 72322 and 72341, whenever provision is made in this division for notice in a county, it shall be construed to require notice in each affected county. (Added by Stats. 1963, Ch. 156.)
  6. 71035.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. General Provisions [71030 - 71036] ( Chapter 3 added by Stats. 1963, Ch. 156. )

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    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. General Provisions [71030 - 71036] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 71035. Except with respect to formation proceedings, in any district containing lands situated in more than one county, all papers required by this division to be filed with a county clerk shall be filed with the secretary. (Added by Stats. 1963, Ch. 156.)
  7. 71036.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. General Provisions [71030 - 71036] ( Chapter 3 added by Stats. 1963, Ch. 156. )

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    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 1. INTRODUCTORY PROVISIONS [71000 - 71036] ( Part 1 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. General Provisions [71030 - 71036] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 71036. Except as otherwise provided in this division, procedure relating to formation, fiscal matters, and taxation in districts containing lands situated in more than one county shall conform as near as may be to such provisions with respect to districts containing lands situated in one county. (Amended by Stats. 1965, Ch. 2043.)
  8. 71050.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. General Provisions [71050 - 71052] ( Chapter 1 added by Stats. 1963, Ch. 156. )

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. General Provisions [71050 - 71052] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71050. Unless the context otherwise requires, as used in this part, “county clerk” means the county clerk of the principal county. (Added by Stats. 1963, Ch. 156.)
  9. 71051.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. General Provisions [71050 - 71052] ( Chapter 1 added by Stats. 1963, Ch. 156. )

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. General Provisions [71050 - 71052] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71051. Unless the context otherwise requires, as used in this part, “board of supervisors” means the board of supervisors of the principal county. (Added by Stats. 1963, Ch. 156.)
  10. 71052.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. General Provisions [71050 - 71052] ( Chapter 1 added by Stats. 1963, Ch. 156. )

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. General Provisions [71050 - 71052] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71052. As used in this part, “application” means an application for the initiation of proceedings for the formation of a district under the provisions of the Knox-Nisbet Act, Chapter 6.6 (commencing with Section 54773), Part 1, Division 2, Title 5 of the Government Code. (Amended by Stats. 1971, Ch. 310.)
  11. 71060.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71060 - 71061] ( Article 1 added by Stats. 1963, Ch. 156. )

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71060 - 71061] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71060. The people of any county or counties, or of any portions thereof, whether such portions include unincorporated territory only or incorporated territory of any city or cities, or both such incorporated and unincorporated territory, may organize a district under the provisions of this division. (Added by Stats. 1963, Ch. 156.)
  12. 71061.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71060 - 71061] ( Article 1 added by Stats. 1963, Ch. 156. )

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71060 - 71061] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71061. The cities proposed to be included in the district need not be contiguous, and the unincorporated territory may consist of one or more parcels which need not be contiguous to each other or to any such city or cities. (Added by Stats. 1963, Ch. 156.)
  13. 71070.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion of Cities [71070 - 71081] ( Article 2 added by Stats. 1963, Ch. 156. )

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion of Cities [71070 - 71081] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71070. As used in this article, “territory of a city” means the corporate area of the city and all territory as to which proceedings for annexation to the city have been commenced by a valid petition filed with the governing body of the city. (Added by Stats. 1963, Ch. 156.)
  14. 71071.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion of Cities [71070 - 71081] ( Article 2 added by Stats. 1963, Ch. 156. )

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion of Cities [71070 - 71081] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71071. Except as otherwise provided in this article, if an application includes any portion of a city, the entire territory of the city, at the time of filing the application, shall be included within the boundaries of the proposed district. (Amended by Stats. 1971, Ch. 310.)
  15. 71072.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion of Cities [71070 - 71081] ( Article 2 added by Stats. 1963, Ch. 156. )

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    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion of Cities [71070 - 71081] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71072. If an application includes any territory within the boundaries of a proposed city for which a valid petition for incorporation has been filed with the board of supervisors of the affected county, the entire area of the proposed city, at the time of filing the application, shall be included within the boundaries of the proposed district. (Amended by Stats. 1971, Ch. 310.)
  16. 71073.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion of Cities [71070 - 71081] ( Article 2 added by Stats. 1963, Ch. 156. )

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    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion of Cities [71070 - 71081] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71073. If an application is filed, and proceedings for the formation of the district are commenced and prosecuted, in the manner and within the time specified by this part, the inclusion within the boundaries of the proposed district of any city to which territory is annexed, pursuant to proceedings which were not commenced by the filing of a valid petition prior to the approval of the application, shall not prevent or invalidate the formation of the district even though the territory annexed to the city pursuant to the annexation proceedings is not included in the district. (Amended by Stats. 1971, Ch. 310.)
  17. 71074.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion of Cities [71070 - 71081] ( Article 2 added by Stats. 1963, Ch. 156. )

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    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion of Cities [71070 - 71081] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71074. If an application is filed, and proceedings for the formation of the district are commenced and prosecuted, in the manner and within the time specified by this part, the inclusion within the boundaries of the proposed district of territory formed into a new city or annexed to an existing city, pursuant to proceedings which were not commenced by the filing of a valid petition prior to the approval of the application, shall not prevent or invalidate the formation of the district even though the remainder of the corporate area of the city is not included in the district. (Amended by Stats. 1971, Ch. 310.)
  18. 71078.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion of Cities [71070 - 71081] ( Article 2 added by Stats. 1963, Ch. 156. )

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    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion of Cities [71070 - 71081] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71078. The inclusion within the boundaries of a proposed district of territory formed into a new city or annexed to an existing city, pursuant to proceedings which were not commenced by the filing of a valid petition prior to the filing of the formation petition, shall not prevent or invalidate the formation of the district even though the remainder of the corporate area of the city is not included in the district. (Amended by Stats. 1971, Ch. 310.)
  19. 71079.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion of Cities [71070 - 71081] ( Article 2 added by Stats. 1963, Ch. 156. )

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    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion of Cities [71070 - 71081] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71079. Notwithstanding any other provision of this article, if, prior to the filing of a formation petition, any portion of the corporate area of a city is included within an existing municipal water district, a district may be formed pursuant to this division to include the remainder of the corporate area of the city. (Added by Stats. 1963, Ch. 156.)
  20. 71080.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion of Cities [71070 - 71081] ( Article 2 added by Stats. 1963, Ch. 156. )

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    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion of Cities [71070 - 71081] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71080. If, subsequent to the approval of an application which includes a portion of the corporate area of a city, but prior to the filing of the formation petition, such portion of the corporate area of the city is included within an existing municipal water district so that the entire corporate area of the city is included within such existing district, such portion of the corporate area of the city shall be omitted from the formation petition. Such omission shall not invalidate the approval of the application as to the remaining area of the proposed district. (Amended by Stats. 1971, Ch. 310.)
  21. 71081.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion of Cities [71070 - 71081] ( Article 2 added by Stats. 1963, Ch. 156. )

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    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Territory [71060 - 71081] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion of Cities [71070 - 71081] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71081. If, subsequent to the approval of an application of intention, but prior to circulating the formation petition, a valid petition is filed with, or a resolution is adopted by, the governing body of a city, the corporate area of which is included in a metropolitan water district organized under the Metropolitan Water District Act, to initiate formal proceedings for the annexation to the city of territory within the proposed municipal water district, in a manner which would result in automatic annexation to the metropolitan water district of the territory annexed to the city, the proponents of the formation of the municipal water district may omit from the proposed municipal water district all territory included in the petition or resolution for annexation. If such territory is omitted, no part of the city shall be included within the proposed municipal water district. (Amended by Stats. 1971, Ch. 310.)
  22. 71120.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. )

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71120. A petition for the formation of a district, which may consist of any number of separate instruments, shall be filed with the county elections official. (Amended by Stats. 2002, Ch. 221, Sec. 193. Effective January 1, 2003.)
  23. 71121.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71121. The formation petition shall be signed by voters equal in number to at least 10 per centum of the voters registered within the boundaries of the proposed district 30 days prior to the date the petition is filed. If one or more cities are included in the proposed district, the formation petition shall, in addition, be signed by at least 10 percent of the voters of each such city registered to vote 30 days prior to the date the petition is filed. (Amended by Stats. 1963, Ch. 1513.)
  24. 71122.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71122. If only a portion of the corporate area of a city is included within a proposed district, and 12 or more registered voters reside within such portion of the city, the formation petition shall be signed by voters residing within such portion equal in number to at least 10 percent of the total number of registered voters in such portion, or 10 percent of the number of voters of such portion voting for all candidates for the office of Governor at the last general election prior to the filing of the petition, whichever is the lesser number. If less than 12 registered voters reside within such portion of the city, the formation petition shall be signed by at least 50 percent of the voters residing in such portion. (Added by Stats. 1963, Ch. 156.)
  25. 71123.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71123. The formation petition shall describe the boundaries of the proposed district and shall contain a prayer that the proposed district be formed pursuant to this division. (Added by Stats. 1963, Ch. 156.)
  26. 71124.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71124. Except as otherwise authorized in this part, the boundaries of the proposed district shall be described in the formation petition in the same manner as in the declaration of intention and shall include the same area. (Added by Stats. 1963, Ch. 156.)
  27. 71125.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71125. The circulation of a formation petition shall be commenced by the proponents within 30 days from the date of the filing of the declaration of intention with the county elections official. The petition shall be circulated and filed with the county elections official within 90 days from the date of the filing of the declaration of intention. (Amended by Stats. 2002, Ch. 221, Sec. 194. Effective January 1, 2003.)
  28. 71126.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71126. Within 30 days of the date of the filing of the formation petition, the county elections official shall examine the petition and determine whether it is signed by the requisite number of voters. Upon request of the county elections official, the board of supervisors shall authorize him or her to employ persons specially for this purpose, in addition to the persons regularly employed in his or her office, and shall provide for their compensation. (Amended by Stats. 2002, Ch. 221, Sec. 195. Effective January 1, 2003.)
  29. 71127.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71127. When the county elections official has completed the examination of the formation petition, he or she shall attach to it the certificate, properly dated, showing the result of the examination. (Amended by Stats. 2002, Ch. 221, Sec. 196. Effective January 1, 2003.)
  30. 71128.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71128. If the county elections official finds from the examination that the formation petition is signed by the requisite number of voters residing within the boundaries of the proposed district, and within the boundaries of each city included therein, he or she shall certify that the petition is sufficient. If he or she finds that it is not so signed, he or she shall certify that the petition is insufficient. (Amended by Stats. 2002, Ch. 221, Sec. 197. Effective January 1, 2003.)
  31. 71129.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71129. If the county elections official certifies in the certificate that the formation petition is insufficient, he or she shall also certify therein to the number of voters required to make the petition sufficient, and the petition may be amended by filing a supplemental petition or petitions within 10 days from the date of the certificate. (Amended by Stats. 2002, Ch. 221, Sec. 198. Effective January 1, 2003.)
  32. 71130.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71130. Within 30 days after the filing of any supplemental petition or petitions, the county elections official shall examine them and certify to the result of the examination as provided in Sections 71126 to 71128, inclusive. (Amended by Stats. 2002, Ch. 221, Sec. 199. Effective January 1, 2003.)
  33. 71131.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71131. If any supplemental petition is filed, all the signatures on the original and supplemental petitions shall be considered in determining the number of voters signing the petition. (Added by Stats. 1963, Ch. 156.)
  34. 71132.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71132. After the time for filing supplemental petitions has expired and all supplemental petitions have been examined, if the county elections official’s certificate shows that the formation petition is insufficient, the petition shall be filed with the board of supervisors and kept as a public record, without prejudice to the filing of a new petition. (Amended by Stats. 2002, Ch. 221, Sec. 200. Effective January 1, 2003.)
  35. 71133.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71133. If the county elections official’s certificate shows that the formation petition is sufficient, the county elections official shall present the petition to the board of supervisors without delay. (Amended by Stats. 2002, Ch. 221, Sec. 201. Effective January 1, 2003.)
  36. 71134.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation Petition [71120 - 71134] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71134. After an election for the formation of a proposed district, the sufficiency of the formation petition shall not be subject to judicial review or be otherwise questioned. (Added by Stats. 1963, Ch. 156.)
  37. 71160.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71160. When a formation petition is presented to it, the board of supervisors shall make an order dividing the proposed district into five divisions in such manner as to equalize, as nearly as practicable, the population in the respective divisions. The board of supervisors shall use for this purpose the population as estimated by it from the register of voters used at the last general election. The divisions of the district shall be numbered first, second, third, fourth, and fifth. (Added by Stats. 1963, Ch. 156.)
  38. 71161.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71161. When the order dividing the proposed district into five divisions is made, the board of supervisors shall by resolution or ordinance call and provide for the holding of an election in the proposed district for the purpose of determining whether the district shall be formed and to elect the first board of directors if the district is formed. (Added by Stats. 1963, Ch. 156.)
  39. 71162.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71162. The formation election shall be held on the next established election date not less than 74 days from the date of adoption of the resolution or ordinance calling the election. For purposes of this election the board of supervisors may consolidate election precincts of one or more divisions. (Amended by Stats. 1973, Ch. 1146.)
  40. 71163.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71163. Notice of the formation election shall be published once, not less than one week nor more than four weeks prior to the election, in at least one newspaper but not exceeding three newspapers, printed and published in each affected county. (Added by Stats. 1963, Ch. 156.)
  41. 71163.1.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71163.1. Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. Such written notice shall include the name and a description of the proposed district, and may be in the form of a certified copy of the resolution adopted by the legislative body calling the district formation election. The executive officer, within five days after being notified that a district formation election has been called, shall submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation. The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed. The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election. (Added by Stats. 1970, Ch. 736.)
  42. 71163.2.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71163.2. The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation. Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election. (Added by Stats. 1970, Ch. 736.)
  43. 71163.3.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71163.3. If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, such election officials shall select one of the arguments for printing and distribution to the voters. In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following: (a) The board of supervisors or any member or members of the board authorized by the board. (b) Individual voters or bona fide associations of citizens or a combination of such voters and associations. (Added by Stats. 1970, Ch. 736.)
  44. 71163.4.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71163.4. The officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question. The ballot pamphlet shall contain the following in the order prescribed: (a) The complete text of the proposition. (b) The impartial analysis of the proposition prepared by the local agency formation commission. (c) The argument for the proposed district formation. (d) The argument against the proposed district formation. The elections officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 262. Effective January 1, 1995.)
  45. 71164.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    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.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71164. The notice of the formation election shall contain the following: (a) A description of the boundaries of the proposed district and its divisions. (b) The name of the proposed district, which name shall contain the words “____ Municipal Water District.” (c) A statement that the first directors will be elected at the election and will take office if the district is formed. (d) The names of the candidates for the office of director for each of the divisions. (Added by Stats. 1963, Ch. 156.)
  46. 71165.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71165. The following measure shall be submitted at the formation election: “Shall the proposition to form the ____ Municipal Water District under the Municipal Water District Law of 1911 be adopted?” (Added by Stats. 1963, Ch. 156.)
  47. 71166.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71166. No person may vote at any formation election unless he is a voter. (Added by Stats. 1963, Ch. 156.)
  48. 71167.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71167. Within seven days after the formation election the board of supervisors shall canvass the vote. (Added by Stats. 1963, Ch. 156.)
  49. 71168.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71168. If less than a majority of the votes cast in any affected county are in favor of the proposition, the formation of the district fails, but without prejudice to renewing proceedings at any time after six months from the date of the formation election. (Added by Stats. 1963, Ch. 156.)
  50. 71169.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The first directors must be elected at the formation election.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71169. The first directors shall be elected at the formation election. (Added by Stats. 1963, Ch. 156.)
  51. 71170.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71170. One director shall be elected for each division by the voters of the division. Each director shall be a resident of the division for which he is elected. (Added by Stats. 1963, Ch. 156.)
  52. 71171.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71171. Except as otherwise provided in this division, the candidates shall declare their candidacy and shall be nominated, the election shall be held and conducted, the vote canvassed, the result declared, and the certificates of election issued in accordance with the provisions of the Elections Code, so far as they may be applicable. (Added by Stats. 1963, Ch. 156.)
  53. 71172.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    If a majority of votes in each affected county supports forming the district, the highest-vote candidate in each division is elected as a district director.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Formation Election [71160 - 71172] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71172. If a majority of the votes cast in each affected county at the formation election favor the formation of the district, each candidate for director who receives the highest number of votes in his division is elected as a director of the district. (Added by Stats. 1963, Ch. 156.)
  54. 71190.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Establishment of District [71190 - 71196] ( Chapter 6 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    If a formation election is approved by a majority of votes in each affected county, the board of supervisors must declare the proposed territory formed as a municipal water district under the designated name.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Establishment of District [71190 - 71196] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## 71190. If a majority of the votes cast in each affected county at the formation election favor the formation of the district, the board of supervisors shall, by an order entered on its minutes, declare the territory included within the proposed boundaries to be formed as a municipal water district under the designated name. (Added by Stats. 1963, Ch. 156.)
  55. 71191.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Establishment of District [71190 - 71196] ( Chapter 6 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The county clerk must immediately record and file district-formation certificates, with a limited option to file the organizing order instead if it contains all required information.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Establishment of District [71190 - 71196] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## 71191. The county clerk shall immediately cause to be recorded in the office of the county recorder of each affected county, a certificate stating that the proposition to form the district was adopted. The county clerk shall immediately cause to be filed with the Secretary of State a certificate listing: (a) The name of the district. (b) The date of formation. (c) The county or counties in which the district is located, and a description of the boundaries of the district, or reference to a map showing such boundaries, which map shall be attached to the certificate, or reference to the county recorder’s office where a description of such boundaries has been recorded. If the order declaring the district organized contains all of the information required to be in the last-mentioned certificate, the clerk may file a copy of the order with the Secretary of State in lieu of the certificate. (Amended by Stats. 1963, Ch. 457.)
  56. 71192.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Establishment of District [71190 - 71196] ( Chapter 6 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The Secretary of State must issue a certificate within 10 days after receiving the county clerk’s certificate or a copy of the order declaring the district organized.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Establishment of District [71190 - 71196] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## 71192. Upon the receipt of the county clerk’s certificate, or a copy of the order declaring the district organized, the Secretary of State shall, within 10 days, issue his certificate reciting that the municipal water district, naming it, has been duly incorporated according to the laws of the State. (Amended by Stats. 1963, Ch. 457.)
  57. 71193.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Establishment of District [71190 - 71196] ( Chapter 6 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A copy of the Secretary of State’s certificate must be transmitted to and filed with the county clerk of each affected county.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Establishment of District [71190 - 71196] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## 71193. A copy of the Secretary of State’s certificate shall be transmitted to and filed with the county clerk of each affected county. (Added by Stats. 1963, Ch. 156.)
  58. 71194.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Establishment of District [71190 - 71196] ( Chapter 6 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    After the county clerk’s certificate is filed with the Secretary of State, the named district becomes a municipal water district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Establishment of District [71190 - 71196] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## 71194. From and after the date of filing the county clerk’s certificate with the Secretary of State, the district named therein is incorporated as a municipal water district, with all the rights, privileges and powers set forth in this division, and necessarily incident thereto. (Added by Stats. 1963, Ch. 156.)
  59. 71195.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Establishment of District [71190 - 71196] ( Chapter 6 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Minor informalities in proceedings or elections do not invalidate a municipal water district’s incorporation unless they substantially and adversely affect a citizen’s legal rights.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Establishment of District [71190 - 71196] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## 71195. No informality in any proceeding, or in the conduct of any election, not substantially affecting adversely the legal rights of any citizen, shall invalidate the incorporation of any municipal water district. (Added by Stats. 1963, Ch. 156.)
  60. 71196.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Establishment of District [71190 - 71196] ( Chapter 6 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Challenges to a district’s incorporation must be started within 3 months of the Secretary of State’s certificate of incorporation.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 2. FORMATION [71050 - 71196] ( Part 2 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Establishment of District [71190 - 71196] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## 71196. Any proceeding wherein the validity of the incorporation of a district is denied shall be commenced within three months from the date of the Secretary of State’s certificate of incorporation; otherwise the incorporation and legal existence of the district and all proceedings in respect thereto shall be held to be valid and in every respect legal and incontestable. (Added by Stats. 1963, Ch. 156.)
  61. 71250.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Directors [71250 - 71256] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board of directors must have five members, and each director must live in the division from which they are elected.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Directors [71250 - 71256] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71250. The board of directors shall consist of five members. Each director shall be a resident of the division from which he is elected. (Added by Stats. 1963, Ch. 156.)
  62. 71250.1.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Directors [71250 - 71256] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    This section lets the local agency formation commission increase the board size for certain district consolidations or reorganizations, and it lets the board decide not to fill a vacancy in some cases.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Directors [71250 - 71256] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71250.1. (a) Notwithstanding Section 71250, the local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more districts into a single municipal water district may, pursuant to subdivisions (k) and (n) of Section 56886 of the Government Code, increase the number of directors to serve on the board of directors of the consolidated or reorganized district to 7, 9, or 11, who shall be members of the board of directors of the districts to be consolidated or reorganized as of the effective date of the consolidation or reorganization. (b) Upon the expiration of the terms of the members of the board of directors of the consolidated district, or a district reorganized as described in subdivision (a), whose terms first expire following the effective date of the consolidation or reorganization, the total number of members on the board of directors shall be reduced until the number equals the number of members permitted by the principal act of the consolidated or reorganized district, or any larger number as may be specified by the local agency formation commission in approving the consolidation or reorganization. (c) In addition to the powers granted under Section 1780 of the Government Code, in the event of a vacancy on the board of directors of the consolidated district or a district reorganized as described in subdivision (a) at which time the total number of directors is greater than five, the board of directors may, by majority vote of the remaining members of the board, choose not to fill the vacancy. In that event, the total membership of the board of directors shall be reduced by one board member. Upon making the determination not to fill a vacancy, the board of directors shall notify the board of supervisors of its decision. (d) For the purposes of this section: “consolidation” means consolidation, as defined in Section 56030 of the Government Code; “district” or “special district” means district or special district, as defined in Section 56036 of the Government Code; and “reorganization” means reorganization, as defined in Section 56073 of the Government Code. (Amended by Stats. 2006, Ch. 172, Sec. 18. Effective January 1, 2007.)
  63. 71250.5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Directors [71250 - 71256] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    If a director moves out of the division and does not reestablish residence there within 180 days, the law presumes a permanent change of residence and a board vacancy.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Directors [71250 - 71256] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71250.5. If a director moves his or her residence, as defined in Section 244 of the Government Code, outside the boundaries of that director’s division, and if within 180 days of the move or the effective date of this section, the director fails to reestablish a place of residence within the director’s division, it shall be presumed that a permanent change of residence has occurred and that a vacancy exists on the board of directors pursuant to Section 1770 of the Government Code. (Added by Stats. 1985, Ch. 91, Sec. 1.)
  64. 71251.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Directors [71250 - 71256] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Directors elected at the formation election must choose their offices by lot, and their terms are staggered until successors are elected and qualified at the first and second succeeding general district elections.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Directors [71250 - 71256] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71251. The directors elected at the formation election shall classify themselves by lot so that two of them shall hold office until the election and qualification of their successors at the first succeeding general district election and three of them shall hold office until the election and qualification of their successors at the second succeeding general district election. (Added by Stats. 1963, Ch. 156.)
  65. 71252.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Directors [71250 - 71256] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A director elected after the formation election serves a four-year term and stays in office until a successor is elected and qualified.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Directors [71250 - 71256] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71252. Each director elected subsequent to the formation election shall hold office for a term of four years from and after the date for his taking of office and until the election and qualification of his successor. (Added by Stats. 1963, Ch. 156.)
  66. 71253.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Directors [71250 - 71256] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Directors elected to office must take office at noon on the first Friday in December after their election, except directors elected at a formation election.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Directors [71250 - 71256] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71253. Except for the directors elected at a formation election, directors elected to office shall take office at noon on the first Friday in December succeeding their election. (Amended by Stats. 2013, Ch. 8, Sec. 1. (AB 72) Effective January 1, 2014.)
  67. 71254.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Directors [71250 - 71256] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    If a director vacancy occurs, it must be filled under Government Code Section 1780 by a qualified resident of the same division.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Directors [71250 - 71256] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71254. Whenever a vacancy occurs in the office of director it shall be filled pursuant to Section 1780 of the Government Code, by a qualified person, who shall be a resident of, and otherwise qualified to be a director from, the division in which the vacancy occurred. (Amended by Stats. 1975, Ch. 1059.)
  68. 71255.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Directors [71250 - 71256] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Each director may receive up to $100 per day for qualifying board attendance or service, capped at six days per calendar month, plus covered expenses.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Directors [71250 - 71256] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71255. Each director shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day’s attendance at meetings of the board or for each day’s service rendered as a director by request of the board, not exceeding a total of six days in any calendar month, together with any expenses incurred in the performance of his or her duties required or authorized by the board. For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. (Amended by Stats. 2005, Ch. 700, Sec. 39. Effective January 1, 2006.)
  69. 71256.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Directors [71250 - 71256] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district representative on a metropolitan water district board may receive compensation and expenses from the municipal water district for that service, on the same amount and terms as board service compensation.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Directors [71250 - 71256] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71256. Notwithstanding any other provision of law any person who represents a municipal water district on the board of directors of any metropolitan water district formed pursuant to the Metropolitan Water District Act may receive compensation and expenses from the municipal water district with respect to service on such board of directors of a metropolitan water district, in the same amount, and upon the same terms, as shall be provided with respect to service on the board of the district. Any compensation or expenses received pursuant to this section shall be in addition to that provided in Section 71255. (Added by Stats. 1968, Ch. 303.)
  70. 71260.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1.5. Three Valleys Municipal Water District [71260 - 71262] ( Chapter 1.5 added by Stats. 1988, Ch. 410, Sec. 1. )

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    This chapter applies only to the Three Valleys Municipal Water District, and the rest of the division applies to that district except where this chapter provides otherwise.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1.5. Three Valleys Municipal Water District [71260 - 71262] ( Chapter 1.5 added by Stats. 1988, Ch. 410, Sec. 1. ) ## 71260. This chapter applies only to the Three Valleys Municipal Water District. Except as provided in this chapter, this division applies to the Three Valleys Municipal Water District. (Added by Stats. 1988, Ch. 410, Sec. 1.)
  71. 71261.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1.5. Three Valleys Municipal Water District [71260 - 71262] ( Chapter 1.5 added by Stats. 1988, Ch. 410, Sec. 1. )

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    The Three Valleys Municipal Water District’s board must have seven directors, and each director must live in the division they are elected from.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1.5. Three Valleys Municipal Water District [71260 - 71262] ( Chapter 1.5 added by Stats. 1988, Ch. 410, Sec. 1. ) ## 71261. Notwithstanding any other provision of this division, the Board of Directors of the Three Valleys Municipal Water District shall consist of seven directors. Each director shall be a resident of the division from which he or she is elected. (Added by Stats. 1988, Ch. 410, Sec. 1.)
  72. 71262.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1.5. Three Valleys Municipal Water District [71260 - 71262] ( Chapter 1.5 added by Stats. 1988, Ch. 410, Sec. 1. )

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    The board must set the boundaries of seven director divisions, and the district’s board of directors must call a special election for the additional directors on the next eligible election date.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1.5. Three Valleys Municipal Water District [71260 - 71262] ( Chapter 1.5 added by Stats. 1988, Ch. 410, Sec. 1. ) ## 71262. The board shall establish the boundaries of the seven divisions from which directors are elected in accordance with Chapter 6 (commencing with Section 71540) of Part 4. The additional directors shall be elected at a special district election which shall be called by the Board of Directors of Three Valleys Municipal Water District on the next available election date established by Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code that is 90 or more days after January 1, 1989. The two additional directors so elected and qualified shall take office on July 1, 1989, and shall hold office until their successors, who shall be elected at the district general election in 1992, take office. Thereafter, the two additional directors shall be elected to terms of four years. (Amended by Stats. 1994, Ch. 923, Sec. 263. Effective January 1, 1995.)
  73. 71265.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1.6. Central Basin Municipal Water District [71265 - 71267] ( Chapter 1.6 added by Stats. 2016, Ch. 401, Sec. 1. )

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    This section defines several terms used in Chapter 1.6 of the Central Basin Municipal Water District provisions.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1.6. Central Basin Municipal Water District [71265 - 71267] ( Chapter 1.6 added by Stats. 2016, Ch. 401, Sec. 1. ) ## 71265. For the purposes of this chapter: (a) “District” means the Central Basin Municipal Water District. (b) “Large water purveyor” means a public water system that is one of the top five purveyors of water as measured by the total purchase of potable and recycled water from the district for the three prior fiscal years. (c) “Public water system” has the same meaning as in Section 116275 of the Health and Safety Code. (d) “Relevant technical expertise” means employment or consulting for a total period of at least five years, prior to the date of first appointment, in one or more positions materially responsible for performing services relating to the management, operations, engineering, construction, financing, contracting, regulation, or resource management of a public water system. (e) “Representative” means a consultant to an entity, a contractor of an entity, or, if nominated by a mutual water company, a member of the governing board of the mutual water company. (f) “Small water purveyor” means a public water system with less than 5,000 connections. (Amended by Stats. 2019, Ch. 124, Sec. 1. (AB 591) Effective January 1, 2020.)
  74. 71266.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1.6. Central Basin Municipal Water District [71265 - 71267] ( Chapter 1.6 added by Stats. 2016, Ch. 401, Sec. 1. )

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    The district’s board is generally set at seven directors: four elected by division voters and three appointed by the district’s water purveyors. Appointed directors take office at noon on the first Friday in December after appointment, and elected directors must be residents of the division they represent.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1.6. Central Basin Municipal Water District [71265 - 71267] ( Chapter 1.6 added by Stats. 2016, Ch. 401, Sec. 1. ) ## 71266. (a) Except as provided in subdivision (c) and notwithstanding any other provision of this division, the board of directors of the district shall be composed of seven directors as follows: (1) Four directors, one director elected for each division established pursuant to subdivision (d) by the voters of the division. Each director shall be a resident of the division from which the director is elected. An election pursuant to this paragraph shall be in accordance with the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code). (2) Three directors appointed by the water purveyors of the district in accordance with Section 71267. An appointed director shall take office at noon on the first Friday in December following that director’s appointment. (b) The district shall be subject to Section 84308 of the Government Code. (c) Until the directors elected at the November 8, 2022, election take office, the board of directors shall be composed of eight directors as follows: (1) Five directors in accordance with Section 71250. (2) Three directors appointed by the water purveyors of the district pursuant to Section 71267. (d) The board of directors shall divide the district into four divisions in a manner as to equalize, as nearly as practicable, the population in the respective divisions pursuant to Section 71540. (Amended by Stats. 2019, Ch. 124, Sec. 2. (AB 591) Effective January 1, 2020.)
  75. 71267.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1.6. Central Basin Municipal Water District [71265 - 71267] ( Chapter 1.6 added by Stats. 2016, Ch. 401, Sec. 1. )

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    The district’s general manager must notify water purveyors and open a 60-day nomination period for board appointments, and appointed directors must meet eligibility, residency/work, and conflict-of-interest rules.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1.6. Central Basin Municipal Water District [71265 - 71267] ( Chapter 1.6 added by Stats. 2016, Ch. 401, Sec. 1. ) ## 71267. (a) The general manager of the district shall notify each water purveyor of the district and provide a 60-day period during which the district will accept nominations for appointment of individuals to the board of directors. (b) (1) An individual nominated for appointment to the board of directors shall demonstrate eligibility and relevant technical expertise and shall be employed by or a representative of the entity that puts forth their nomination. (2) To be eligible for nomination, a consultant to or contractor of an entity shall have commenced services to that entity at least one year prior to nomination. (c) (1) The three directors appointed by the water purveyors shall be selected by the water purveyors of the district every four years as follows: (A) One director shall be selected by all large water purveyors from the nominees of large water purveyors. Each large water purveyor shall have one vote. (B) One director shall be selected by all cities that are water purveyors of the district from the nominees of cities. Each city shall have one vote. (C) One director shall be selected by all of the water purveyors of the district from any nominee. The vote of each purveyor shall be weighted to reflect the number of service connections of that water purveyor within the district. If the selection of a director under this subparagraph would result in a violation of paragraph (2), the first eligible candidate receiving the next highest number of votes shall be selected. (2) The appointment of directors pursuant to paragraph (1) shall not result in any of the following: (A) The appointment of three directors that are all employed by or representatives of entities that are all large water purveyors. (B) The appointment of three directors that are all employed by or representatives of entities that are all cities. (C) The appointment of three directors that are all employed by or representatives of entities that are all small water purveyors. (3) Each nominee for director who receives the highest number of votes cast for each office described in paragraph (1) is appointed as a director to the board of directors and shall take office in accordance with Section 71512. The general manager shall collect the votes and report the results to the water purveyors. Votes for an appointed director are public records. (d) Each appointed director shall live or work within the district. (e) In order to ensure continuity of knowledge, the directors appointed at the first purveyor selection shall classify themselves by lot so that two of them shall hold office until the selection of their successors at the first succeeding purveyor selection and one of them shall hold office until the selection of their successor at the second succeeding purveyor selection. (f) (1) The term of a director appointed pursuant to subparagraph (A) of paragraph (1) of subdivision (c) is terminated if the appointed director no longer is employed by or a representative of a large water purveyor. (2) The term of a director appointed pursuant to subparagraph (B) of paragraph (1) of subdivision (c) is terminated if the appointed director no longer is employed by or a representative of a city. (3) The term of a director appointed pursuant to subparagraph (C) of paragraph (1) of subdivision (c) is terminated if the appointed director no longer is employed by or a representative of a water purveyor. (g) (1) An appointed director shall not do any of the following: (A) Hold an elected office. (B) Hold more than 0.5 percent ownership in a company regulated by the Public Utilities Commission. (C) Hold more than one consecutive term of office on the board. (2) An appointed director shall be subject to all applicable conflict-of-interest and ethics provisions and shall recuse themselves from participating in a decision that could have a direct material benefit on the financial interests of the director. (h) A vacancy in an office of appointed director shall be filled in accordance with the selection process described in subdivisions (a) to (c), inclusive. (i) (1) An appointed director shall be eligible for all of the following: (A) Reimbursement for travel and conference expenses pursuant to the Central Basin Municipal Water District Administrative Code. (B) Compensation for up to 10 meetings per month at the per meeting rate provided by the Central Basin Municipal Water District Administrative Code. (C) Health insurance benefits, if those benefits are not provided by the director’s employer. (2) An appointed director shall not be eligible to receive communication or car allowances. For purposes of this paragraph, “car allowances” does not include travel expenses incurred as described in paragraph (1). (3) An appointed director may waive the reimbursement and compensation described in paragraph (1) and may be required to reimburse their employer for any compensation received. (Amended by Stats. 2019, Ch. 124, Sec. 3. (AB 591) Effective January 1, 2020.)
  76. 71270.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. )

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    The board is the governing body of the district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71270. The board is the governing body of the district. (Added by Stats. 1963, Ch. 156.)
  77. 71271.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. )

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    The board must hold its first meeting as soon as possible after the first directors are elected and certified, and no later than the sixth Monday after the formation election.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71271. The board shall hold its first meeting as soon as possible after the election and certification of the first board of directors and not later than the sixth Monday after the date of the formation election. (Added by Stats. 1963, Ch. 156.)
  78. 71272.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. )

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    At its first meeting, the board must set the time and place of its meetings and how special meetings are called.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71272. At its first meeting, the board shall provide for the time and place of holding its meetings and the manner in which its special meetings may be called. (Added by Stats. 1963, Ch. 156.)
  79. 71273.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. )

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    The board must elect one of its members as president at its first meeting and again at its first meeting in January of each odd-numbered year. The board may also elect a vice president at any meeting. If the president cannot act, the vice president exercises the president’s powers under this division.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71273. At its first meeting, and at its first meeting in the month of January of each odd-numbered year, the board shall elect one of its members president. The board may at any meeting elect one of its members vice president. If the president is absent or unable to act, the vice president shall exercise the powers of the president granted in this division. (Amended by Stats. 1965, Ch. 132.)
  80. 71274.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. )

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    A majority of the board forms a quorum for board business, and a majority vote of the board members is required for an ordinance, motion, or resolution to become effective.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71274. A majority of the board shall constitute a quorum for the transaction of business; however, no ordinance, motion or resolution shall be passed to become effective without the affirmative vote of a majority of the members of the board. (Amended by Stats. 1963, Ch. 1151.)
  81. 71276.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. )

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    The board may act only through an ordinance, resolution, or motion.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71276. The board shall act only by ordinance, resolution, or motion. (Added by Stats. 1963, Ch. 156.)
  82. 71277.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. )

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    The board must call the roll on all ordinances and record the ayes and noes in its journal.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71277. 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. 1963, Ch. 156.)
  83. 71278.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. )

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    Resolutions and motions may be approved by voice vote, but any board member can պահանջ? (removed) ask for a roll call.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71278. Resolutions and motions may be adopted by voice vote, but on demand of any member of the board the roll shall be called. (Amended by Stats. 1963, Ch. 1151.)
  84. 71279.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. )

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    Board members may not cast or exercise votes by proxy.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71279. Votes of the members of the board shall not be cast or exercised by proxy. (Amended by Stats. 1963, Ch. 1151.)
  85. 71280.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Ordinances passed by the board must use the specified enacting clause.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71280. The enacting clause of all ordinances passed by the board shall be: “Be it ordained by the Board of Directors of ____ Municipal Water District as follows:”. (Added by Stats. 1963, Ch. 156.)
  86. 71281.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. )

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    The board may adopt a code by reference through ordinance.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71281. The board may enact any ordinance which adopts any code by reference following the procedures, definitions and provisions of Article 2 (commencing with Section 50020) of Chapter 1, Part 1, Division 1, Title 5 of the Government Code so far as they may be applicable. (Added by Stats. 1969, Ch. 71.)
  87. 71282.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. )

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    A district may destroy a record if it follows the referenced Government Code chapter.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71270 - 71282] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71282. A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code. (Added by Stats. 2005, Ch. 158, Sec. 43. Effective January 1, 2006.)
  88. 71300.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board must exercise and perform all powers, privileges, and duties of the district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71300. All powers, privileges, and duties of a district shall be exercised and performed by the board. (Added by Stats. 1963, Ch. 156.)
  89. 71301.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may delegate and redelegate executive, administrative, and ministerial powers to offices created under this part or by the board.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71301. Any executive, administrative, and ministerial powers may be delegated and redelegated by the board to any of the offices created by this part or by the board. (Added by Stats. 1963, Ch. 156.)
  90. 71302.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may set the time and place of regular meetings and must provide for calling and holding special meetings.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71302. The board may fix the time and place or places at which its regular meetings will be held, and shall provide for the calling and holding of special meetings. (Added by Stats. 1963, Ch. 156.)
  91. 71303.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may set the location of the district’s principal place of business and all offices and departments maintained under this division.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71303. The board may fix the location of the principal place of business of the district and the location of all offices and departments maintained under this division. (Added by Stats. 1963, Ch. 156.)
  92. 71304.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may adopt an ordinance setting up a system of business administration.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71304. The board may prescribe by ordinance a system of business administration. (Added by Stats. 1963, Ch. 156.)
  93. 71305.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may create necessary offices and set or reset the powers, duties, and compensation of officers and employees.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71305. The board may create any necessary offices and establish and re-establish the powers, duties, and compensation of all officers and employees. (Added by Stats. 1963, Ch. 156.)
  94. 71306.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may require and set the amount of official bonds needed to protect the district’s funds and property.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71306. The board may require and fix the amount of all official bonds necessary for the protection of the funds and property of the district. (Added by Stats. 1963, Ch. 156.)
  95. 71307.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may adopt an ordinance to prescribe a civil service system.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71307. The board may prescribe by ordinance a system of civil service. (Added by Stats. 1963, Ch. 156.)
  96. 71308.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may, by ordinance, delegate or redelegate to district officers the power to hire clerical, legal, and engineering assistants and labor.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71308. The board may by ordinance delegate and redelegate to the officers of the district the power to employ clerical, legal, and engineering assistants and labor. (Added by Stats. 1963, Ch. 156.)
  97. 71309.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may delegate and redelegate, by ordinance, the power to bind the district by contract to district officers.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71309. The board may by ordinance delegate and redelegate to officers of the district, under such conditions and restrictions as shall be fixed by the board, the power to bind the district by contract. (Added by Stats. 1963, Ch. 156.)
  98. 71310.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may set the method for auditing claims and for allowing or rejecting claims and demands.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71310. The board may prescribe a method of auditing and allowing or rejecting claims and demands. (Added by Stats. 1963, Ch. 156.)
  99. 71311.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board must designate one or more depositories to hold the district’s funds, and those depositories must provide security and pay treasurer warrants for district demands.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71311. The board shall designate a depository or depositories to have the custody of the funds of the district. All such depositories shall give security sufficient to secure the district against possible loss and shall pay the warrants drawn by the treasurer for demands against the district under such rules as the directors may prescribe. (Added by Stats. 1963, Ch. 156.)
  100. 71312.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district board in existence on this section’s effective date must file a certificate with the Secretary of State by January 1, 1964, unless a qualifying organized-order copy or earlier formation certificate can be used instead.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71312. The board of a district in existence on the effective date of this section shall file a certificate with the Secretary of State on or before January 1, 1964, listing: (a) The name of the district. (b) The date of formation. (c) The county in which the district is located, and a description of the boundaries of the district, or reference to a map showing such boundaries, which map shall be attached to the certificate, or reference to the county recorder’s office where a description of such boundaries has been recorded. If the order declaring the district organized contains all of the information required to be in the certificate, the board may file a copy of the order in lieu of the certificate. If the certificate filed with the Secretary of State stating that the proposition for formation of the district was adopted contains all of the information required by this section, no further certificate need be filed. (Added by Stats. 1963, Ch. 457.)
  101. 71312.5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may issue bonds, borrow money, and incur indebtedness if authorized by law or this division.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71312.5. A district may issue bonds, borrow money, and incur indebtedness as authorized by law or this division. (Added by Stats. 1963, Ch. 1151.)
  102. 71313.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may refund certain bonds, loans, or indebtedness by issuing the same obligations under the same procedure, and may retire indebtedness or liens against the district or its property.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71313. A district may refund such bonds, loans, or indebtedness (by the issuance of the same obligations following the same procedure) or retire any indebtedness or lien that may exist against the district or its property. (Added by Stats. 1963, Ch. 1151.)
  103. 71314.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may insure its directors, officers, assistants, employees, agents, and deputies for injury, death, or disability incurred while working for the district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. The Board [71270 - 71314] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Powers and Duties [71300 - 71314] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71314. A district may insure its directors, officers, assistants, employees, agents, and deputies for injury, death, or disability incurred while engaged in the business of the district and the cost of such insurance is a proper charge against the district. Such insurance is in addition to any compensation secured under the provisions of Division 4 (commencing with Section 3201) of the Labor Code and inuring to the benefit of the director, officer, deputy, assistant, employee, or agent, or his beneficiary or heir. (Added by Stats. 1967, Ch. 244.)
  104. 71340.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71340 - 71342] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board must appoint specified officers at its first meeting or as soon as practicable, set their duties and compensation, and may appoint deputy secretary and deputy treasurer.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71340 - 71342] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71340. 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, and shall define their duties and fix their compensation. The board may at any meeting appoint a deputy secretary and a deputy treasurer. Each of these officers shall serve at the pleasure of the board. (Amended by Stats. 1965, Ch. 132.)
  105. 71341.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71340 - 71342] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may hire additional assistants and employees if it thinks they are necessary to maintain and operate the district efficiently.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71340 - 71342] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71341. The board may employ such additional assistants and employees as it deems necessary to efficiently maintain and operate the district. (Added by Stats. 1963, Ch. 156.)
  106. 71341.5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71340 - 71342] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may employ park rangers, but it must follow peace officer recruitment and training standards, and each park ranger must meet those standards to keep peace officer powers.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71340 - 71342] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71341.5. (a) A district may employ park rangers who shall have the authority and powers conferred by subdivision (d) of Section 830.34 of the Penal Code upon peace officers. (b) For the purposes of carrying out subdivision (a), the district shall adhere to the standards for recruitment and training of peace officers established by the Commission on Peace Officer Standards and Training pursuant to Title 4 (commencing with Section 13500) of Part 4 of the Penal Code. (c) Every park ranger employed by a district shall conform to the standards for peace officers adopted by the Commission on Peace Officer Standards and Training. Any park ranger who fails to conform to those standards shall not have the powers of a peace officer. (Added by Stats. 2004, Ch. 799, Sec. 2. Effective September 27, 2004.)
  107. 71342.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71340 - 71342] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may combine the offices of secretary and treasurer.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71340 - 71342] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71342. The board may consolidate the offices of secretary and treasurer. (Added by Stats. 1963, Ch. 156.)
  108. 71360.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Duties [71360 - 71365] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The president and secretary must perform duties imposed by law and any additional duties the board assigns.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Duties [71360 - 71365] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71360. The president and secretary, in addition to the duties imposed on them by law, shall perform such duties as may be imposed on them by the board. (Added by Stats. 1963, Ch. 156.)
  109. 71361.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Duties [71360 - 71365] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The treasurer, or a board-authorized person, must draw checks or warrants to pay demands after the demands have been audited and approved as the board prescribes.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Duties [71360 - 71365] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71361. 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 have been audited and approved in the manner prescribed by the board. (Added by Stats. 1963, Ch. 156.)
  110. 71362.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Duties [71360 - 71365] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The general manager controls district waterworks operations, but only subject to Board approval, and may hire, fire, direct, and set pay for employees and assistants except those covered by Section 71340.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Duties [71360 - 71365] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71362. Subject to the approval of the Board of Directors, the general manager shall have full charge and control of the maintenance, operation, and construction of the waterworks or waterworks system of the district, with full power and authority to employ and discharge all employees and assistants, other than those referred to in Section 71340, at pleasure, prescribe their duties, and fix their compensation. (Amended by Stats. 1963, Ch. 1151.)
  111. 71363.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Duties [71360 - 71365] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The general manager must do duties assigned by the board and report to the board under the board’s rules and regulations.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Duties [71360 - 71365] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71363. The general manager shall perform such duties as may be imposed on him by the board. He shall report to the board in accordance with such rules and regulations as it may adopt. (Amended by Stats. 1963, Ch. 1151.)
  112. 71364.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Duties [71360 - 71365] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The district attorney must act as the district’s legal adviser and carry out additional duties set by the board.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Duties [71360 - 71365] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71364. 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. 1963, Ch. 156.)
  113. 71365.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Duties [71360 - 71365] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Certain district officers, designated employees, and assistants must give bonds to the district, and the district must pay the bond premiums.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 3. INTERNAL ORGANIZATION [71250 - 71365] ( Part 3 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Officers and Employees [71340 - 71365] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Duties [71360 - 71365] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71365. The general manager, secretary, and treasurer, and other employees or assistants of the district designated 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 the bonds shall be paid by the district. (Added by Stats. 1963, Ch. 156.)
  114. 71450.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Elections Generally [71450 - 71454] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    This section defines three election terms used in this part: district election, general district election, and special district election.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Elections Generally [71450 - 71454] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71450. As used in this part: (a) “District election” means every election held within the district for district purposes, but does not include a formation election. (b) “General district election” means the district election for the election of directors which shall be held in each even-numbered year at the time of the general election and consolidated therewith. (c) “Special district election” means any district election other than the general district election. (Amended by Stats. 1984, Ch. 7, Sec. 5. Effective February 8, 1984.)
  115. 71451.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Elections Generally [71450 - 71454] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    District elections are governed by the Elections Code unless this division says otherwise.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Elections Generally [71450 - 71454] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71451. Except as otherwise provided in this division, the provisions of the Elections Code, so far as they may be applicable, shall govern all district elections. (Added by Stats. 1963, Ch. 156.)
  116. 71452.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Elections Generally [71450 - 71454] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board must call and canvass elections involving initiative and referendum matters, and must call other elections it is authorized to canvass.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Elections Generally [71450 - 71454] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71452. 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. 1963, Ch. 156.)
  117. 71453.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Elections Generally [71450 - 71454] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A person may not vote in a district election unless the person is a voter living in the district division where the vote is cast.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Elections Generally [71450 - 71454] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71453. No person shall vote at any district election unless he is a voter residing in the division of the district in which he casts his vote. (Added by Stats. 1963, Ch. 156.)
  118. 71454.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Elections Generally [71450 - 71454] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    For district elections involving lands in more than one county, the secretary and the board must perform the election-related duties assigned by law, except for formation elections. The secretary may also obtain needed registration books and index copies from county officials when necessary.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Elections Generally [71450 - 71454] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71454. Except with respect to formation elections, whenever lands situated in more than one county are included in a district: (a) The secretary shall perform all duties prescribed by law to be performed by county clerks or registrars of voters, as the case may be, in connection with district elections. (b) Where necessary, the secretary is authorized to procure from the proper county officials all necessary registration books and copies of indexes thereof. (c) The board shall perform all duties prescribed by law to be performed by boards of supervisors in connection with district elections. (Added by Stats. 1963, Ch. 156.)
  119. 71461.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Preparation of Ballots [71461 - 71463] ( Chapter 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    In counties where municipal water district directors are elected, the county elections official may print a specified heading on the official ballot.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Preparation of Ballots [71461 - 71463] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71461. In counties in which districts are located, the county elections official may 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. The heading shall be marked “Municipal Water 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 director for that 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. (Amended by Stats. 2002, Ch. 221, Sec. 203. Effective January 1, 2003.)
  120. 71462.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Preparation of Ballots [71461 - 71463] ( Chapter 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Precinct officers may give election ballots only to voters in their own precinct who are registered and within the affected division of the district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Preparation of Ballots [71461 - 71463] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71462. The ballots provided for voters at elections for directors shall be furnished by the precinct officers only to those voters within their respective precincts who appear on the register as duly registered voters within the affected division of the district. (Added by Stats. 1963, Ch. 156.)
  121. 71463.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Preparation of Ballots [71461 - 71463] ( Chapter 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    In precincts partly inside a district, the county elections official must supply the precinct board with two kinds of ballots.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Preparation of Ballots [71461 - 71463] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71463. In precincts which lie only partly within a district, the precinct board shall be supplied with two kinds of ballots by the county elections official, one of which shall contain the matters set forth in Section 71461 for the use of voters of the district, and the other of which shall not contain the matters set forth in Section 71461 and shall be furnished to those voters of the precinct who are not voters of the district. (Amended by Stats. 2002, Ch. 221, Sec. 204. Effective January 1, 2003.)
  122. 71473.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Precincts and Polling Places [71473- 71473.] ( Chapter 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    If a district election is combined with a state or county election, the district must use the same precincts, polling places, and election officers as the state or county election.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Precincts and Polling Places [71473- 71473.] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 71473. If any district election is consolidated with any state or county election, the voting precincts, polling places, and election officers for the district election shall be the same as those established for the state or county election. (Added by Stats. 1963, Ch. 156.)
  123. 71500.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Election of Directors [71500 - 71512] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71500 - 71505] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The successors to the first directors must be elected or chosen as this chapter requires.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Election of Directors [71500 - 71512] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71500 - 71505] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71500. The successors to the first directors shall be elected or chosen at the times and in the manner provided in this chapter. (Added by Stats. 1963, Ch. 156.)
  124. 71501.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Election of Directors [71500 - 71512] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71500 - 71505] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Each of the five divisions of the district must have one elected director who is a resident of the division and is elected by the voters of that division.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Election of Directors [71500 - 71512] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71500 - 71505] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71501. One director, who shall be a resident of the division and shall be elected by the voters thereof, shall be elected for each of the five divisions of the district. (Added by Stats. 1963, Ch. 156.)
  125. 71502.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Election of Directors [71500 - 71512] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71500 - 71505] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Directors must be elected at the general district election, except for the first directors.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Election of Directors [71500 - 71512] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71500 - 71505] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71502. Except as to the election of the first directors, directors shall be elected at the general district election. (Amended by Stats. 1984, Ch. 7, Sec. 6. Effective February 8, 1984.)
  126. 71503.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Election of Directors [71500 - 71512] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71500 - 71505] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The candidate for director with the most votes at the general district election is elected as a district director.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Election of Directors [71500 - 71512] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71500 - 71505] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71503. Each candidate for director who at the general district election receives the highest number of votes cast for the candidate for that office is elected as a director of the district. (Amended by Stats. 1984, Ch. 7, Sec. 7. Effective February 8, 1984.)
  127. 71505.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Election of Directors [71500 - 71512] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71500 - 71505] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Candidates must declare their candidacy and be nominated under the Uniform District Election Law.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Election of Directors [71500 - 71512] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [71500 - 71505] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71505. Candidates shall declare their candidacy and shall be nominated, election returns shall be canvassed, the election shall be held and conducted, the results shall be declared, and the certificates of election shall be issued, in the same manner as the declaration of candidacy, nomination, election, canvassing of returns, declaration of results, and issuance of certificates of election are made, declared, held, and conducted, and issued, under the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code). (Amended by Stats. 1994, Ch. 923, Sec. 264. Effective January 1, 1995.)
  128. 71512.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Election of Directors [71500 - 71512] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Appointment in Lieu of Election [71512- 71512.] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A person appointed as director must qualify, take office, and serve as if elected at a general district election.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Election of Directors [71500 - 71512] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Appointment in Lieu of Election [71512- 71512.] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71512. A person appointed to office of director shall qualify and take office and serve exactly as if elected at a general district election. (Added by Stats. 1963, Ch. 156.)
  129. 71530.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Initiative, Referendum, and Recall [71530 - 71531] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Voters of a district may pass ordinances using the Elections Code procedures for direct legislation in cities.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Initiative, Referendum, and Recall [71530 - 71531] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71530. Ordinances may be passed by the voters of a district in accordance with the methods provided by the Elections Code for direct legislation in cities. (Added by Stats. 1963, Ch. 156.)
  130. 71531.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Initiative, Referendum, and Recall [71530 - 71531] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    District voters may disapprove and veto ordinances using the Elections Code method for protesting city legislation.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Initiative, Referendum, and Recall [71530 - 71531] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71531. Ordinances may be disapproved and vetoed by the voters of a district in accordance with the methods provided by the Elections Code for protesting against legislation in cities. (Added by Stats. 1963, Ch. 156.)
  131. 71540.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Relocation of Division Boundaries [71540- 71540.] ( Chapter 6 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board of directors must adjust division boundaries by resolution.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 4. ELECTIONS [71450 - 71540] ( Part 4 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Relocation of Division Boundaries [71540- 71540.] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## 71540. The board of directors shall, by resolution, adjust the boundaries of any divisions pursuant to Chapter 8 (commencing with Section 22000) of Division 21 of the Elections Code. (Repealed and added by Stats. 1998, Ch. 435, Sec. 14. Effective January 1, 1999.)
  132. 71590.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may exercise powers that this division expressly grants or that are necessarily implied.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71590. A district may exercise the powers which are expressly granted by this division or are necessarily implied. (Added by Stats. 1963, Ch. 156.)
  133. 71591.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may have perpetual succession and may adopt and alter a seal.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71591. A district may: (a) Have perpetual succession. (b) Adopt a seal and alter it at pleasure. (Added by Stats. 1963, Ch. 156.)
  134. 71592.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may make contracts, employ labor, and do other acts needed to fully exercise its powers.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71592. A district may make contracts, employ labor, and do all acts necessary for the full exercise of its powers. (Added by Stats. 1963, Ch. 156.)
  135. 71593.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. )

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    A district may, by ordinance, set up pensions for officers or employees and decide the terms, conditions, and required service before pensions are available.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71593. A district may provide by ordinance for the pensioning of officers or employees, for the terms and conditions under which such pensions shall be awarded, and for the time and extent of service of officers or employees before such pensions shall be available to them. (Added by Stats. 1963, Ch. 156.)
  136. 71594.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. )

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    A district may create a special pension fund for officers and employees and accumulate contributions to it from specified revenue sources.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71594. A district may, in the ordinance providing for the pensioning of officers and employees, create a special fund for the purpose of paying such pensions and provide for the accumulation of contributions to this fund from revenues of the district, wages of officers or employees, voluntary contributions, gifts, donations, or any source of revenue not inconsistent with the general powers of the board. (Added by Stats. 1963, Ch. 156.)
  137. 71595.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. )

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    A district may contract for insurance coverage for officers or employees’ pensions and for health and accident insurance.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71595. A district may contract with any insurance corporation, the State Employees’ Retirement System, or any other insurance carrier for the maintenance of a service covering the pension of the district officers or employees and for their health and accident insurance coverage. (Amended by Stats. 1967, Ch. 83.)
  138. 71596.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may disseminate information about its rights, properties, and activities, but this does not create an exception to the California Public Records Act.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71596. A district may disseminate information concerning the rights, properties, and activities of the district. Such power shall not be construed as an exception to the California Public Records Act. (Added by Stats. 1971, Ch. 310.)
  139. 71597.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. )

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    A district may, by a four-fifths director resolution, join certain associations related to its powers and duties, and may appropriate funds needed for that purpose.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71597. A district may by resolution of a four-fifths majority of its directors obtain membership in associations having for their purpose the furtherance of subjects relating to the powers and duties of the district and for the interchange of information relating to such powers and duties. Funds necessary for such purposes may be appropriated. The Legislature hereby finds and declares that the provisions of this section are declaratory of existing law except insofar as they specify that a resolution of a four-fifths majority of the directors is necessary. (Added by Stats. 1965, Ch. 1057.)
  140. 71598.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. )

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    A district may change its name by board resolution, and certified copies of that resolution must be recorded with the county recorder and sent to the county clerk in every affected county.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71598. A district may, by resolution of the board of directors spread on its minutes, change the name of the district. Certified copies of the resolution changing the name of the district shall be recorded in the office of the county recorder of every affected county and sent to the county clerk of every affected county. (Amended by Stats. 1998, Ch. 829, Sec. 65. Effective January 1, 1999.)
  141. 71599.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. )

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    When substantially all of a district water system is acquired by another public agency without voter authorization, the former system’s funds must be kept separate and used only for specified purposes.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71599. If, on or after the effective date of this section, substantially all of a district water system is acquired by another public agency by any method other than a vote of the electorate of that district so authorizing, the following provisions shall apply: (a) All funds derived from the operation of the former district system shall be separately accounted for and used exclusively for the purposes of maintenance, operation, betterments, and bond debt service of the acquired system. (b) No funds derived from the former district system shall be used for any other such purpose until all debt of that former system has been paid in full or until a majority vote of the electorate of the area served by that former system has authorized such other expenditures. (Added by Stats. 1974, Ch. 791.)
  142. 71600.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. )

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    A person convicted of an infraction for violating a local ordinance or regulation under this division must be fined, with higher maximum fines for repeat convictions within one year.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71600. Every person convicted of an infraction for a violation of any local ordinance or regulation adopted pursuant to this division shall be punished upon a first conviction by a fine not exceeding fifty dollars ($50) and for a second conviction within a period of one year by a fine of not exceeding one hundred dollars ($100) and for a third or any subsequent conviction within a period of one year by a fine of not exceeding two hundred fifty dollars ($250). (Added by Stats. 1977, Ch. 387.)
  143. 71601.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. )

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    A municipal water district may enforce its ordinances, inspect private property for possible violations, and must notify local officials in writing when it finds an actual ordinance violation.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Powers Generally [71590 - 71601] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71601. (a) In order to enforce the provisions of any ordinance of the district, including an ordinance fixing charges for the furnishing of commodities or services, the district may correct any violation of an ordinance of the district. The district may also petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person from the continued violation of any ordinance of the district or for the issuance of an order stopping or disconnecting a service if the charges for that service are unpaid at the time specified in the ordinance. (b) The district may enter upon the private property of any person within the jurisdiction of the district in order to investigate possible violations of an ordinance of the district. The investigation shall be made with the consent of the owner or tenant of the property or, if consent is refused, with a warrant duly issued pursuant to the procedures set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, except that, notwithstanding Section 1822.52 of the Code of Civil Procedure, the warrant shall be issued only upon probable cause. (c) The district shall notify the county or city building inspector, county health inspector, or other affected county or city employee or office, in writing, within a reasonable time if an actual violation of a district, city, or county ordinance is discovered during the investigation. (Added by Stats. 1995, Ch. 798, Sec. 5. Effective January 1, 1996.)
  144. 71610.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. )

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    A district may generally manage and use water, but certain large-county districts inside a water replenishment district have no authority to control imported water for groundwater storage or to store water underground except under specified contract or court-order conditions.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71610. (a) Except as provided in subdivision (b), a district may acquire, control, distribute, store, spread, sink, treat, purify, recycle, recapture, and salvage any water, including sewage and storm waters, for the beneficial use or uses of the district, its inhabitants, or the owners of rights to water in the district. (b) For a district located in a county with a population greater than 8 million persons and where 80 percent of the area of the district is included within the boundaries of a water replenishment district organized pursuant to Division 18 (commencing with Section 60000), the district shall have no authority to do any of the following: (1) Manage, control, or administer the importation of water for the storage of groundwater. (2) Store water underground except pursuant to either of the following: (A) A contract with an independent holder of adjudicated groundwater extraction rights within the boundaries of the district and for the account of the water rights holder. (B) A court order issued by a court having jurisdiction over the adjudication of groundwater extraction rights within the groundwater basin where storage is sought. (Amended by Stats. 2012, Ch. 215, Sec. 1. (SB 1386) Effective January 1, 2013.)
  145. 71610.5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. )

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    A district may run a water conservation program and may require water-saving and water reclamation devices as a condition of new water service.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71610.5. A district may undertake a water conservation program to reduce water use and may require, as a condition of new service, that reasonable water-saving devices and water reclamation devices be installed to reduce water use. (Added by Stats. 1975, Ch. 893.)
  146. 71611.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. )

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    A district may sell water it controls to cities, public corporations and agencies, and persons within the district, without preference, for use within the district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71611. A district may sell water under its control, without preference, to cities, other public corporations and agencies, and persons, within the district for use within the district. As used in this part, the term “water” includes potable water and nonpotable water. (Amended by Stats. 1978, Ch. 418.)
  147. 71611.5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. )

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    A district generally must provide water service to qualifying Indian tribe lands on the same terms as district customers, and a local agency formation commission must approve certain applications before January 1, 2027.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71611.5. (a) (1) Except as provided in paragraph (2), upon the request of an Indian tribe and the satisfaction of the conditions stated in subdivision (b), a district shall provide service of water at substantially the same terms applicable to the customers of the district to an Indian tribe’s lands that are not within a district as if the lands had been fully annexed into the district and into any other public agencies required for the provision of water service if the Indian tribe’s lands meet all of the following requirements: (A) The lands were owned by the tribe on January 1, 2016. (B) The lands are contiguous with at least two districts. (C) The lands lie within the special study area of at least one district. (D) At least 70 percent of the Indian tribe’s total Indian lands are currently within the boundaries of one or more districts. (2) (A) Upon the request of an Indian tribe that does not meet the requirements of paragraph (1) and upon the satisfaction of the conditions stated in subdivision (b), a district may, until January 1, 2027, apply to the applicable local agency formation commission to extend water service at substantially the same terms applicable to customers of the district to Indian lands that are not within a district as if the lands had been fully annexed into the district and into any other public agencies required for the provision of water service. The local agency formation commission shall approve the application and may impose conditions on the district with regard to the extension of service in accordance with Section 56886 of the Government Code, as long as those terms and conditions do not impair the provision of water service to Indian lands pursuant to this section and are similar to those imposed on all agency service recipients without discrimination. A district shall provide the water extension agreement to the local agency formation commission. (B) A local agency formation commission shall not approve an application on or after January 1, 2027. A district that received authorization to extend water service to Indian lands pursuant to subparagraph (A) may continue to do so after January 1, 2027, provided that the district continues to comply with the conditions imposed by the local agency formation commission. (C) For purposes of this subdivision, “Indian lands” means Indian lands, as defined in Section 2703 of Title 25 of the United States Code, that are part of a reservation or held in trust. (b) Before a district provides service of water pursuant to this section, the Indian tribe shall satisfy all of the following conditions: (1) The Indian tribe complies with all federal and tribal laws. (2) The Indian tribe acquires all federal and tribal approvals necessary for the applicable district to provide water service to the tribal lands on substantially the same terms applicable to customers of the district. (3) The Indian tribe accepts, by agreement, all terms of, and payments, including service payments, to, the district and any public agency providing water to said district, as if the Indian tribe’s lands were fully annexed into the district and into the service area of any other public agency, which terms and payments are also a condition of continued service by a district and by any public agency providing water to said district. (c) If a district provides service of water to an Indian tribe’s lands pursuant to this section, the service areas of the district and of any public agencies providing water to the district are deemed for all purposes to include the Indian tribe’s lands for the longest of the following periods of time: (1) The time service of water is provided by the district to the Indian tribe. (2) The time moneys are owed by the Indian tribe to the district for the service of water. (3) The term of any agreement between the district and the Indian tribe. (Amended by Stats. 2022, Ch. 480, Sec. 1. (AB 2081) Effective January 1, 2023.)
  148. 71612.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. )

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    If the board finds a surplus of water above district needs, the district may sell or otherwise dispose of that surplus water.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71612. Whenever the board finds that there is a surplus of water above that which may be required by consumers within the district, the district may sell or otherwise dispose of such surplus water to any persons, public corporations or agencies, or other consumers. (Added by Stats. 1963, Ch. 156.)
  149. 71612.5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. )

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    The Marin Municipal Water District may sell water to people, firms, corporations, agencies, or other consumers inside or outside the district, despite any other law.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71612.5. Notwithstanding any other provision of law, the Marin Municipal Water District may sell water to any person, firm, public or private corporation, or public agency or other consumer within or without the district. (Repealed and added by Stats. 1980, Ch. 933, Sec. 15.)
  150. 71613.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. )

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    A district may supply and deliver water to property that is not subject to district taxes, on special rates, terms, and conditions set by the board.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71613. A district may supply and deliver water to property not subject to district taxes at special rates, terms, and conditions as are determined by the board for such service. (Amended by Stats. 1967, Ch. 83.)
  151. 71614.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. )

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    A district may set water sale rates, including different rates for different classes or conditions of service, but rates must be uniform within the district for the same classes and conditions.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71614. A district may fix the rates at which water shall be sold. Different rates may be established for different classes or conditions of service, but rates shall be uniform throughout the district for like classes and conditions of service. (Added by Stats. 1963, Ch. 156.)
  152. 71615.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A special water rate set under annexation terms is treated as a rate for a different class or condition of service.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71615. Any special water rate fixed in accordance with the terms and conditions of an annexation shall be deemed to be a rate for a different class or condition of service. (Added by Stats. 1963, Ch. 156.)
  153. 71616.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district must, so far as practicable, set water rates that produce enough revenue for listed district financial needs.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71616. A district, so far as practicable, shall fix such rates for water in the district, and in each improvement district therein, as will result in revenues which will: (a) Pay the operating expenses of the district and the improvement district. (b) Provide for repairs and depreciation of works. (c) Provide a reasonable surplus for improvements, extensions, and enlargements. (d) Pay the interest on any bonded debt. (e) Provide a sinking or other fund for the payment of the principal of such bonded debt as it becomes due. (f) Repay advances, together with interest at a rate not to exceed the interest value of money to the district, made from the district to an improvement district. (Amended by Stats. 1969, Ch. 708.)
  154. 71617.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Water rates in an improvement district may differ from the district’s rates and from rates in other improvement districts.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71617. The rates for water in each improvement district may vary from the rates of the district and from other improvement districts therein. (Added by Stats. 1963, Ch. 156.)
  155. 71618.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A water district may not try to collect unpaid residential water charges or penalties from a later tenant because a previous tenant did not pay.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Development and Sale [71610 - 71618] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71618. No district furnishing water for residential use to a tenant shall seek to recover any charges or penalties for the furnishing of water to or for the tenant’s residential use from any subsequent tenant on account of nonpayment of charges by a previous tenant. The district may, however, require that service to subsequent tenants be furnished on the account of the landlord or property owner. (Added by Stats. 1985, Ch. 1251, Sec. 9.)
  156. 71630.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. )

    Verify source ↗

    A district may, by ordinance and under specified notice/protest/hearing procedures, set a water standby assessment or availability charge by the annual August deadline.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. ) ## 71630. The district by ordinance may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix on or before the third Monday of August, in each fiscal year, a water standby assessment or availability charge in the district, in any portion thereof, or in any improvement district, to which water is made available by the district, whether the water is actually used or not. (Amended by Stats. 2007, Ch. 27, Sec. 38. Effective January 1, 2008.)
  157. 71631.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. )

    Verify source ↗

    A standby assessment or availability charge cannot exceed $10 per acre per year, or $10 per year for a parcel smaller than one acre.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. ) ## 71631. The standby assessment or availability charge shall not exceed ten dollars ($10) per acre per year for each acre of land on which the charge is levied or ten dollars ($10) per year for a parcel less than one acre. (Amended by Stats. 1971, Ch. 310.)
  158. 71631.5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. )

    Verify source ↗

    In specified municipal water districts, improvement district standby charges are capped, and any amount collected above a lower threshold must be used only for the district’s purposes.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. ) ## 71631.5. Notwithstanding Section 71631, in any improvement district situated within the Eastern Municipal Water District, the Western Municipal Water District of Riverside County, the Elsinore Valley Municipal Water District, the Rincon Del Diablo Municipal Water District, the Ramona Municipal Water District, the Rainbow Municipal Water District, or the Lake Hemet Municipal Water District, the standby assessment or availability charge shall not exceed thirty dollars ($30) per acre per year for land on which the charge is levied or thirty dollars ($30) per year for a parcel less than one acre. In any such improvement district, the proceeds from any standby assessment or availability charge in excess of ten dollars ($10) per acre per year or ten dollars ($10) per year for a parcel less than one acre shall only be used for the purposes of such improvement district. This section, applicable only to the Eastern Municipal Water District, the Western Municipal Water District of Riverside County, the Elsinore Valley Municipal Water District, the Rincon Del Diablo Municipal Water District, the Ramona Municipal Water District, the Rainbow Municipal Water District, and the Lake Hemet Municipal Water District, is necessary because of the unique and special water management problems of those areas included within those districts. (Amended by Stats. 1982, Ch. 267, Sec. 6.)
  159. 71631.6.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. )

    Verify source ↗

    In Otay Municipal Water District improvement districts in San Diego County, standby assessments or availability charges are capped at $30 per acre per year for land, or $10 per year for parcels under one acre.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. ) ## 71631.6. Notwithstanding the provisions of Section 71631, in any improvement district situated within the Otay Municipal Water District in San Diego County, the standby assessment or availability charge shall not exceed thirty dollars ($30) per acre per year for land on which the charge is levied or ten dollars ($10) per year for a parcel less than one acre. In any such improvement district the proceeds from any standby assessment or availability charge in excess of ten dollars ($10) per acre per year shall only be used for the purposes of such improvement district. This section, applicable only to the Otay Municipal Water District of San Diego County is necessary because of the unique and special water management problems of the area included within such district. (Added by Stats. 1979, Ch. 281.)
  160. 71631.7.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. )

    Verify source ↗

    For the San Luis Rey Municipal Water District, standby charges are capped and the money can only be used for local water supply management and water quality.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. ) ## 71631.7. (a) Notwithstanding Section 71631, for the San Luis Rey Municipal Water District, the standby assessment or availability charge shall not exceed thirty dollars ($30) per acre per year for land on which the charge is levied or thirty dollars ($30) per year for a parcel less than one acre. The proceeds from any standby assessment or availability charge shall only be used for the purposes of management of local water supply and its quality. (b) This section, applicable only to the San Luis Rey Municipal Water District, is necessary because of the unique and special water management problems of those areas included within that district. (Amended by Stats. 2014, Ch. 818, Sec. 1. (AB 2446) Effective January 1, 2015.)
  161. 71632.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. )

    Verify source ↗

    The board must adopt an ordinance for a standby assessment or availability charge only after following notice, protest, and hearing procedures, including a resolution and hearing. The board may continue the charge in later years at the same rate if the earlier procedures were followed.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. ) ## 71632. The ordinance fixing a standby assessment or availability charge shall be adopted by the board pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code and only after adoption of a resolution setting forth the particular schedule or schedules of charges or assessments proposed to be established by ordinance and after a hearing on said resolution. If the procedures set forth in this section as it read at the time a standby assessment or availability charge was established were followed, the board may, by ordinance, continue the charge pursuant to this article in successive years at the same rate. If new, increased, or extended assessments are proposed, the board shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code. (Amended by Stats. 2007, Ch. 27, Sec. 39. Effective January 1, 2008.)
  162. 71633.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. )

    Verify source ↗

    An ordinance that fixes a standby assessment or availability charge may set different schedules based on land use, water use, and how much water is available.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. ) ## 71633. The ordinance fixing a standby assessment or availability charge may establish schedules varying the charges according to land uses, water uses, and degree of water availability. (Amended by Stats. 1967, Ch. 105.)
  163. 71634.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. )

    Verify source ↗

    The board must send a written parcel description and standby charge amount information to the board of supervisors and county auditor of each affected county by the third Monday in August.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. ) ## 71634. On or before the third Monday in August, the board shall furnish in writing to the board of supervisors and the county auditor of each affected county a description of each parcel of land within the district upon which a standby charge is to be levied and collected for the current fiscal year, together with the amount of standby charge fixed by the district on each parcel of land. (Amended by Stats. 1965, Ch. 132.)
  164. 71635.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. )

    Verify source ↗

    The board must direct the board of supervisors to levy the standby charge for the parcels at the legally required time and manner for county taxes.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. ) ## 71635. The board shall direct that, at the time and in the manner required by law for the levying of taxes for county purposes the board of supervisors shall levy, in addition to any other tax it levies, the standby charge in the amounts for the respective parcels fixed by the board. (Amended by Stats. 1965, Ch. 132.)
  165. 71636.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. )

    Verify source ↗

    County officers who collect taxes must also collect district standby charges with regular tax payments and pay those charges to the district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. ) ## 71636. All county officers charged with the duty of collecting taxes shall collect district standby charges with the regular tax payments to the county. Said charges shall be collected in the same form and manner as county taxes are collected, and shall be paid to the district. (Added by Stats. 1965, Ch. 132.)
  166. 71637.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. )

    Verify source ↗

    Charges fixed by the district become liens on benefited property, and those liens may be collected using the same means as liens for state and county taxes.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Standby Charges [71630 - 71637] ( Heading of Article 2 amended by Stats. 1985, Ch. 106, Sec. 168. ) ## 71637. Charges fixed by the district shall be a lien on all the property benefited thereby. Liens for said charges shall be of the same force and effect as other liens for taxes, and their collection may be enforced by the same means as provided for the enforcement of liens for state and county taxes. (Added by Stats. 1965, Ch. 132.)
  167. 71638.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2.5. Alternative Provisions for Standby Charges [71638 - 71638.4] ( Article 2.5 added by Stats. 1976, Ch. 139. )

    Verify source ↗

    A district or improvement district may keep a standby charge in place at the same rate by resolution if the earlier article’s procedures were followed, and must follow Government Code Section 53753 notice, protest, and hearing procedures for new, increased, or extended assessments.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2.5. Alternative Provisions for Standby Charges [71638 - 71638.4] ( Article 2.5 added by Stats. 1976, Ch. 139. ) ## 71638. If the procedures set forth in this article as it read at the time a standby charge was established were followed, the district or improvement district may, by resolution, continue the charge pursuant to this article in successive years at the same rate. If new, increased, or extended assessments are proposed, the district or improvement district shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code. (Amended by Stats. 2007, Ch. 27, Sec. 40. Effective January 1, 2008.)
  168. 71638.1.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2.5. Alternative Provisions for Standby Charges [71638 - 71638.4] ( Article 2.5 added by Stats. 1976, Ch. 139. )

    Verify source ↗

    The district may, by resolution, set a water standby assessment or availability charge for certain property, on or before the third Monday of August each fiscal year.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2.5. Alternative Provisions for Standby Charges [71638 - 71638.4] ( Article 2.5 added by Stats. 1976, Ch. 139. ) ## 71638.1. For property within a district, a portion thereof, or an improvement district, which property was previously charged or assessed for such purposes, the district by resolution may fix on or before the third Monday of August, in each fiscal year, a water standby assessment or availability charge in the district, in any portion thereof, or in any improvement district, to which water is made available by the district, whether the water is actually used or not. (Added by Stats. 1976, Ch. 139.)
  169. 71638.2.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2.5. Alternative Provisions for Standby Charges [71638 - 71638.4] ( Article 2.5 added by Stats. 1976, Ch. 139. )

    Verify source ↗

    A resolution setting a standby assessment or availability charge may use different schedules based on land use, water use, and water availability, but only within the maximum charges in Section 71631.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2.5. Alternative Provisions for Standby Charges [71638 - 71638.4] ( Article 2.5 added by Stats. 1976, Ch. 139. ) ## 71638.2. The resolution fixing a standby assessment or availability charge may establish schedules varying the charges according to land uses, water uses, and degree of water availability, subject to the maximum charges provided in Section 71631. (Added by Stats. 1976, Ch. 139.)
  170. 71638.4.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2.5. Alternative Provisions for Standby Charges [71638 - 71638.4] ( Article 2.5 added by Stats. 1976, Ch. 139. )

    Verify source ↗

    The levy and collection of the assessment or charge must follow Sections 71634 through 71637.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2.5. Alternative Provisions for Standby Charges [71638 - 71638.4] ( Article 2.5 added by Stats. 1976, Ch. 139. ) ## 71638.4. The levy and collection of such assessment or charge shall be made as provided in Sections 71634 through 71637, inclusive. (Added by Stats. 1976, Ch. 139.)
  171. 71639.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2.7. Standby Assessments [71639- 71639.] ( Article 27 added by Stats. 2005, Ch. 210, Sec. 2. )

    Verify source ↗

    This section lets the Three Valleys Municipal Water District adopt and adjust a standby assessment by resolution, but only after notice and a hearing and only if stated conditions are met.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2.7. Standby Assessments [71639- 71639.] ( Article 27 added by Stats. 2005, Ch. 210, Sec. 2. ) ## 71639. (a) This article applies to the Three Valleys Municipal Water District. (b) Notwithstanding any other provision of law, the district, by resolution, may adopt an assessment with a schedule of annual adjustments, and adjust the amount of an assessment in accordance with this section, if the adjustment is made in the same manner as provided for taxes, fees, and charges in subparagraph (A) or (B) of paragraph (2) of subdivision (h) of Section 53750 of the Government Code. (c) The district shall cause notice of the intent to adopt the resolution to be published pursuant to Section 6066 of the Government Code prior to the date set for the adoption of the assessment, and shall hear any and all objections at the time and place set forth in the notice. The district, at the time and place specified in the notice, shall conduct the hearing and consider all objections to the assessment. Thereafter, the district may adjust the assessment, if all of the following conditions are met: (1) The amount of the assessment does not exceed twenty-nine dollars and forty-one cents ($29.41) per equivalent dwelling unit. (2) The revenue raised by the assessment, including its annual adjustments, is used exclusively to fund the readiness-to-serve charge, or equivalent charge, imposed upon the district by the Metropolitan Water District of Southern California, and related administrative costs. (3) The district adjusts its water rates to its retail agencies by an amount necessary to prevent surplus funding of the readiness-to-serve charge imposed upon the district by the Metropolitan Water District of Southern California. (d) For the purposes of Article XIII C and Article XIII D of the California Constitution, the district has not increased an assessment if the district adjusts an assessment in the same manner as provided for taxes, fees, and charges in subparagraph (A) or (B) of paragraph (2) of subdivision (h) of Section 53750 of the Government Code. (Added by Stats. 2005, Ch. 210, Sec. 2. Effective January 1, 2006.)
  172. 71640.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Water Shortages [71640 - 71644] ( Article 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may restrict or prohibit district water use during drought emergencies or other threatened or existing water shortages.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Water Shortages [71640 - 71644] ( Article 3 added by Stats. 1963, Ch. 156. ) ## 71640. A district may restrict the use of district water during any emergency caused by drought, or other threatened or existing water shortage, and may prohibit the wastage of district water or the use of district water during such periods for any purpose other than household uses or such other restricted uses as the district determines to be necessary. A district may also prohibit use of district water during such periods for specific uses which it finds to be nonessential. (Added by Stats. 1963, Ch. 156.)
  173. 71641.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Water Shortages [71640 - 71644] ( Article 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may set water-shortage rules by ordinance and must publish or post the ordinance within 10 days after adoption.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Water Shortages [71640 - 71644] ( Article 3 added by Stats. 1963, Ch. 156. ) ## 71641. A district may prescribe and define by ordinance the restrictions, prohibitions, and exclusions referred to in Section 71640. Such an ordinance is effective upon adoption; but, within 10 days after its adoption, the ordinance shall be published pursuant to Section 6061 of the Government Code in full in a newspaper of general circulation which is printed, published, and circulated in the district. If there is no such newspaper the ordinance shall be posted within 10 days after its adoption in three public places within the district. (Added by Stats. 1963, Ch. 156.)
  174. 71642.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Water Shortages [71640 - 71644] ( Article 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board must make certain emergency or shortage findings by resolution or ordinance.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Water Shortages [71640 - 71644] ( Article 3 added by Stats. 1963, Ch. 156. ) ## 71642. A finding by the board upon the existence, threat, or duration of an emergency or shortage, or upon the matter of necessity or of any other matter or condition referred to in Section 71640, shall be made by resolution or ordinance. The finding is prima facie evidence of the fact or matter so found, and such fact or matter shall be presumed to continue unchanged unless and until a contrary finding is made by the board by resolution or ordinance. (Added by Stats. 1963, Ch. 156.)
  175. 71643.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Water Shortages [71640 - 71644] ( Article 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A board finding under Section 71642 must be accepted as evidence in civil or criminal proceedings until it is rebutted or overcome by other sufficient evidence.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Water Shortages [71640 - 71644] ( Article 3 added by Stats. 1963, Ch. 156. ) ## 71643. The finding made by the board pursuant to Section 71642 shall be received in evidence in any civil or criminal proceeding in which it may be offered, and shall be proof and evidence of the fact or matter found until rebutted or overcome by other sufficient evidence received in such proceeding. A copy of any resolution or ordinance setting forth such finding shall, when certified by the secretary of the district, be evidence that the finding was made by the district as shown by the resolution or ordinance and certification. (Added by Stats. 1963, Ch. 156.)
  176. 71644.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Water Shortages [71640 - 71644] ( Article 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A person may not use district water in violation of a water-shortage ordinance after it is published or posted and before it is repealed or the emergency ends.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Water [71610 - 71644] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Water Shortages [71640 - 71644] ( Article 3 added by Stats. 1963, Ch. 156. ) ## 71644. From and after the publication or posting of any ordinance pursuant to Section 71641, and until the ordinance has been repealed or the emergency or threatened emergency has ceased, it is a misdemeanor for any person to use or apply water received from the district contrary to or in violation of any restriction or prohibition specified in the ordinance. Upon conviction thereof such person shall be punished by imprisonment in the county jail for not more than 30 days, or by fine not exceeding six hundred dollars ($600), or by both. (Amended by Stats. 1983, Ch. 1092, Sec. 417. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  177. 71660.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Recreation and Electrical Power [71660 - 71664] ( Heading of Article 1 amended by Stats. 2003, Ch. 62, Sec. 315. )

    Verify source ↗

    A district may build and run public recreational facilities and adopt ordinances regulating their use, including reasonable user charges.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Recreation and Electrical Power [71660 - 71664] ( Heading of Article 1 amended by Stats. 2003, Ch. 62, Sec. 315. ) ## 71660. A district may construct, maintain, improve, and operate public recreational facilities appurtenant to facilities operated or contracted to be operated by the district. It may by ordinance provide regulations binding upon all persons to govern the use of such facilities, including regulations imposing reasonable charges for the use thereof. Violation of district regulations relating to vehicle or boat speed limits, defacement of district property, the use, possession or discharge of firearms, weapons or fireworks, the creation of fire hazards, being under the influence of intoxicating beverages or dangerous drugs, or remaining on, or reentering district premises after an authorized district officer or employee has specifically withdrawn consent for a person to utilize district facilities, is a misdemeanor. Violation of any other regulation of the district adopted pursuant to this section is an infraction. (Amended by Stats. 1978, Ch. 127.)
  178. 71661.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Recreation and Electrical Power [71660 - 71664] ( Heading of Article 1 amended by Stats. 2003, Ch. 62, Sec. 315. )

    Verify source ↗

    The Big Bear Municipal Water District may build, maintain, improve, and run certain public recreational facilities if district voters approve the proposal at a special district election.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Recreation and Electrical Power [71660 - 71664] ( Heading of Article 1 amended by Stats. 2003, Ch. 62, Sec. 315. ) ## 71661. In addition to the activities authorized by Section 71660, the Big Bear Municipal Water District may construct, maintain, improve, and operate public recreational facilities which are not appurtenant to a water reservoir operated by the district, when such proposal is approved by a majority of the qualified voters of the district voting at a special district election held pursuant to Part 4 (commencing with Section 71450) of Division 20. This section, applicable only to the Big Bear Municipal Water District, is necessary because of the unique and special recreational problems of the area within such district. (Added by Stats. 1975, Ch. 479.)
  179. 71662.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Recreation and Electrical Power [71660 - 71664] ( Heading of Article 1 amended by Stats. 2003, Ch. 62, Sec. 315. )

    Verify source ↗

    A district may use its water and related property to provide hydroelectric power, and may acquire, build, run, and keep the works and property needed for that use.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Recreation and Electrical Power [71660 - 71664] ( Heading of Article 1 amended by Stats. 2003, Ch. 62, Sec. 315. ) ## 71662. A district may utilize any part of its water, and any part of its works, facilities, improvements, and property used for the development, storage, and transportation of water pursuant to Chapter 2 (commencing with Section 71610) to provide, generate, and deliver hydroelectric power, and may acquire, construct, operate, and maintain any and all works, facilities, improvements, and property necessary or convenient for such utilization. (Added by Stats. 1977, Ch. 146.)
  180. 71663.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Recreation and Electrical Power [71660 - 71664] ( Heading of Article 1 amended by Stats. 2003, Ch. 62, Sec. 315. )

    Verify source ↗

    A district may contract to provide, sell, and deliver hydroelectric power, and may also use that power directly or by exchange for authorized powers or as otherwise allowed by law.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Recreation and Electrical Power [71660 - 71664] ( Heading of Article 1 amended by Stats. 2003, Ch. 62, Sec. 315. ) ## 71663. A district may (a) pursuant to contract, provide, sell, and deliver hydroelectric power to the United States of America or any board, department or agency thereof, to the State of California for the purposes of the State Water Resources Development System, and to any public agency, private corporation, or other person or entity, or any combination thereof, engaged in the sale of electric power at retail; or (b) use all or any part of such hydroelectric power directly, or indirectly through exchange, in exercising any of the powers described in Section 71590 or as otherwise provided by law. For the purposes of this section, “public agency” means a city, county, city and county, district, local agency, public authority, or public corporation. (Added by Stats. 1977, Ch. 146.)
  181. 71663.5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Recreation and Electrical Power [71660 - 71664] ( Heading of Article 1 amended by Stats. 2003, Ch. 62, Sec. 315. )

    Verify source ↗

    A district may generate and deliver electric power for its own purposes, but it may not sell retail power or acquire utility property except by mutual agreement.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Recreation and Electrical Power [71660 - 71664] ( Heading of Article 1 amended by Stats. 2003, Ch. 62, Sec. 315. ) ## 71663.5. (a) A district may provide, generate, and deliver electric power, and may construct, operate, and maintain any and all works, facilities, improvements, and property, or portion thereof, necessary or convenient for that generation and delivery. (b) The electric powerplant or plants and transmission lines constructed pursuant to this section may be leased for operation. The power generated shall be used by a district for its own purposes. A district may sell surplus power to a public or private entity that is engaged in the distribution or sale of electricity. For purposes of this section, “for its own purposes” means a district performing only functions in its capacity as a water district, including, but not be limited to, any of the following: (1) Pumping operations. (2) Water treatment operations. (3) Barrier intrusion operations. (4) Desalination operations. (c) Nothing in this section grants to a district the authority to provide, sell, or deliver electric power at retail. (d) A district may not acquire property employed in the generation or delivery of electric power for public or private utility purposes, except by mutual agreement between the district and the owner of that property. (e) (1) It is the intent of the Legislature, that each district that has purchased electricity from an electrical corporation on or after February 1, 2001, regardless of whether the district thereafter generates its own electricity, bear a pro rata share of the Department of Water Resources’ electricity purchase costs, that are recoverable from electrical corporation customers in commission-approved rates. It is the further intent of the Legislature to prevent any shifting of recoverable costs from districts that generate their own electricity pursuant to this section, to electrical corporation bundled customers. (2) To the extent that any shifting of recoverable costs would occur, in the determination of the commission, those costs shall be recovered from districts that generate their own electricity, pursuant to this section. (3) The Legislature finds and declares that the revisions of this subdivision are consistent with the requirements of Chapter 4 of the Statutes of 2001, First Extraordinary Session, and do not constitute a change in, but are declaratory of existing law. (f) A district that generates its own electricity pursuant to this section shall be responsible for paying the following: (1) A charge equivalent to the charges that would otherwise be imposed on the district by the commission to recover bond related costs pursuant to any agreement between the commission and the Department of Water Resources pursuant to Section 80110 of the Water Code, which charges shall be payable until all obligations of the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code are fully paid or otherwise discharged. All bond charges are the property of the Department of Water Resources. (2) If a district generates new offsite power, it shall be responsible for the additional costs of the Department of Water Resources, equal to the share of the Department of Water Resources’ estimated net unavoidable electricity purchase contract costs attributable to the district as determined by the commission, for the period commencing with the district’s initial generation of its offsite electricity, through the expiration of all then existing electricity purchase contracts entered into by the Department of Water Resources. (g) A district generating its own electricity pursuant to this section shall reimburse the electrical corporation that previously served the district for all of the following: (1) The electrical corporation’s unrecovered past undercollections for electricity purchases, including any financing costs, attributable to that district, that the commission lawfully determines may be recovered in rates. (2) Any additional costs of the electrical corporation recoverable in commission approved rates, equal to the share of the electrical corporation’s estimated net unavoidable electricity purchase contract costs attributable to the district, as determined by the commission, for the period commencing with the district’s initial generation of electricity pursuant to this section, through the expiration of all then existing electricity purchase contracts entered into by the electrical corporation. (h) (1) Any charges imposed pursuant to subdivision (f) shall be the property of the Department of Water Resources. Any charges imposed pursuant to subdivision (g) shall be the property of the particular electrical corporation. The commission shall establish sufficient mechanisms, including agreements with, or orders with respect to, electrical corporations as are necessary to ensure that charges payable pursuant to this section shall be promptly remitted to the party entitled to the payment. (2) Charges imposed pursuant to this section shall be nonbypassable. (i) Prior to implementing this section, the commission shall submit a report certifying its satisfaction of the provisions of this section to the Senate Energy, Utilities and Communications Committee, or its successor, and the Assembly Committee on Utilities and Commerce, or its successor. (Added by Stats. 2002, Ch. 848, Sec. 2. Effective January 1, 2003.)
  182. 71664.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Recreation and Electrical Power [71660 - 71664] ( Heading of Article 1 amended by Stats. 2003, Ch. 62, Sec. 315. )

    Verify source ↗

    The Marin Municipal Water District may build, maintain, and run plants and transmission lines for wind or solar power, and it has the powers listed in Sections 71662 and 71663 for hydroelectric power work.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Recreation and Electrical Power [71660 - 71664] ( Heading of Article 1 amended by Stats. 2003, Ch. 62, Sec. 315. ) ## 71664. The Marin Municipal Water District may construct, maintain, and operate one or more plants for the generation of power from wind or solar radiation, and the transmission lines for the conveyance thereof, and in connection therewith shall have all the powers set forth in Sections 71662 and 71663 for the generation and transmission of hydroelectric power. (Added by Stats. 1983, Ch. 657, Sec. 1.)
  183. 71670.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sewage, Waste, and Storm Water Disposal [71670 - 71674] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may build and run facilities for collecting, treating, and disposing of sewage, waste, and storm water, and may set and collect rates or charges for those services.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sewage, Waste, and Storm Water Disposal [71670 - 71674] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71670. A district may acquire, construct, and operate facilities for the collection, treatment, and disposal of sewage, waste, and storm water of the district and its inhabitants. For purposes of this article, “waste” is as defined in subdivision (d) of Section 13050, and also includes any and all aquatic vegetation, except riparian vegetation, which threatens or adversely affects the quality of the waters within the district. “Quality of the waters” is as defined in subdivision (g) of Section 13050. “Disposal of sewage” includes the sale or resale of treated effluent for any purpose. The district may prescribe, revise, and collect rates or other charges for the services and facilities furnished pursuant to this article. The amendment to this section enacted at the 1977–78 Regular Session of the Legislature is declaratory of and does not constitute a change in existing law. (Amended by Stats. 1978, Ch. 418.)
  184. 71670.5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sewage, Waste, and Storm Water Disposal [71670 - 71674] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may provide sewage and waste services to property that is not subject to district taxes, and the board sets the special rates, terms, and conditions.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sewage, Waste, and Storm Water Disposal [71670 - 71674] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71670.5. A district may supply sewage and waste services to property not subject to district taxes at special rates, terms and conditions as are determined by the board for such services. (Added by Stats. 1965, Ch. 1864.)
  185. 71671.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sewage, Waste, and Storm Water Disposal [71670 - 71674] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Revenue from rates and charges for these services and facilities may be used only for listed purposes.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sewage, Waste, and Storm Water Disposal [71670 - 71674] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71671. The revenues from the rates and charges for services and facilities furnished pursuant to this article may be used for the following purposes: (a) To pay the operating and maintenance expenses of the facilities. (b) To provide a reasonable surplus for improvements, extensions, and enlargements. (c) To pay the interest on any bonded debt for the facilities. (d) To provide a sinking or other fund for the payment of the principal of such bonded debt as it becomes due. (Added by Stats. 1963, Ch. 156.)
  186. 71672.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sewage, Waste, and Storm Water Disposal [71670 - 71674] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The district may combine certain service rates and charges with water bills, bill them together, collect them as one item, and stop service if the bill is not paid.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sewage, Waste, and Storm Water Disposal [71670 - 71674] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71672. The district may provide that the rates and charges for services and facilities furnished pursuant to this article may be collected with the water rates of the district, that all rates shall be billed upon the same bill and collected as one item, and that in the event of failure to pay the whole or any part of the bill, the district may discontinue any or all service for which the bill is rendered. This section shall not be construed to prohibit the collection of rates or charges by the district in any other lawful manner. (Added by Stats. 1963, Ch. 156.)
  187. 71674.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sewage, Waste, and Storm Water Disposal [71670 - 71674] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may fix, levy, and collect a sewage and waste water service standby or availability charge.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sewage, Waste, and Storm Water Disposal [71670 - 71674] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71674. A district may fix, levy and collect a sewage and waste water service standby or availability charge in the same manner and under the same terms and conditions as are provided for a water standby or availability charge in Articles 2 (commencing with Section 71630) and 2.5 (commencing with Section 71638) of Chapter 2 of this part. (Amended by Stats. 1976, Ch. 139.)
  188. 71680.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Fire Protection [71680- 71680.] ( Article 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may exercise the powers of a fire protection district, but it has no authority to prevent or suppress fires in overlapping territory unless it gets the other local agency’s consent.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Fire Protection [71680- 71680.] ( Article 3 added by Stats. 1963, Ch. 156. ) ## 71680. (a) A district may exercise any of the powers, functions, and duties which are vested in, or imposed upon, a fire protection district pursuant to the Fire Protection District Law of 1987, Part 3 (commencing with Section 13800) of Division 12 of the Health and Safety Code. (b) If the district includes any part of any local agency which provides fire protection service to any territory in the district, the district shall have no authority regarding the prevention or suppression of fires, in that territory unless the district has obtained the consent of the other local agency. (Amended by Stats. 1987, Ch. 1013, Sec. 20.)
  189. 71682.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

    Verify source ↗

    This article applies only to certain districts that meet a groundwater-production and court-judgment condition.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71682. The provisions of this article apply only to districts in which the producers of a majority of the production of ground water within the boundaries of the district are or will within one year from the enactment of this article be subject to a court judgment requiring the delivery of makeup water to downstream users. (Added by Stats. 1965, Ch. 1725.)
  190. 71682.1.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

    Verify source ↗

    A district may levy assessments to replenish groundwater and provide makeup water, but the article does not apply to certain districts with 80% or more overlap with qualifying replenishment districts.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71682.1. For the purpose of replenishing the ground water supplies within such district and to provide such makeup water, a district may cause assessments to be levied as provided in this article. Provided, that: (a) This article shall not apply to a district 80 percent of the area of which is included within the boundaries of a water replenishment district organized pursuant to Division 18 (commencing with Section 60000) of this code or 80 percent of the area of which is included within the boundaries of any other special district of any kind or type having replenishment powers and the power to levy an assessment on the ground water extractions. (b) This article shall cease to apply to a district as of the end of any water year during which 80 percent of the area thereof becomes included within the boundries of such a water replenishment district or any such other special district denoted in subdivision (a) of this section. (Added by Stats. 1965, Ch. 1725.)
  191. 71683.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

    Verify source ↗

    This section defines terms used in the water replenishment assessment article.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71683. As used in this article: “Include,” except when used in relation to the inclusion of land into a district, does not necessarily exclude matters not enumerated. “Person” means any public agency or public corporation, whether federal, state, or local, or any private corporation, firm, partnership, individual, or group of individuals and includes a district levying a water replenishment assessment hereunder. “Water year” means the period commencing on October 1st of one calendar year and ending on September 30th of the calendar year immediately following. “Fiscal year” means the period commencing on July 1st of one calendar year and ending on June 30th of the calendar year immediately following. “Ground water” means nonsaline water beneath the surface of the ground, whether or not flowing through known and definite channels. “Nonsaline water” means water which has less than 1,000 parts of chlorides to 1,000,000 parts of water. “Production” or “producing” means the extraction or extracting of ground water, by pumping or any other method, from shafts, tunnels, wells (including, but not limited to, abandoned oil wells), excavations, or other sources of such ground water, for domestic, municipal, irrigation, industrial, or other beneficial use, except that such terms shall not mean or include the extraction or extracting of ground water incidentally produced with oil in the production of oil or gas nor the extraction or extracting of ground water incidentally produced in a bona fide mining operation or in the bona fide construction of a tunnel for railroad, highway, aqueduct, pipeline, or other useful purpose (except the production of ground water for use or sale) unless the ground water so extracted shall be used or sold by the producer for domestic, municipal, irrigation, industrial, or other beneficial purpose. “Water-producing facility” means any device or method, mechanical or otherwise, for the production of ground water from the ground water supplies within the district. “Owner” means the person or persons owning any water-producing facility or any interest therein other than a lien to secure the payment of a debt or other obligation. “Operator” means the person or persons operating a water-producing facility; the owner thereof shall be conclusively presumed to be such operator unless satisfactory showing be made to the board of directors of the district that such water-producing facility actually is operated by some other person or persons. “Operator” shall mean any “person” mentioned in Section 71683 who is operating a water-producing facility, it being the purpose of this article to include any such person within the provisions hereof. “Producer” means any person or operator producing ground water within the boundaries of the district. “Annual overdraft” means the amount, as determined by the board, by which the quantity of ground water removed by any natural or artificial means from the ground water supplies within the district during the water year exceeds the quantity of nonsaline water replaced therein by the replenishment of such ground water supplies in such water year by any natural or artificial means other than replensihment under the provisions of this article or by any other governmental agency or entity. “Accumulated overdraft” means the aggregate amount, as determined from time to time by the board, by which the quantity of ground water removed by any natural or artificial means from the ground water supplies within the district during all preceding water years shall have exceeded the quantity of nonsaline water replaced therein by the replenishment of such ground water supplies in such water years by any natural or artificial means, the respective determination to be based upon reports, records, and other data or evidence found by the board to be adequate for the purpose of making such determination. “Makeup water” means water of useable quality for ground water recharge required to be delivered to downstream users pursuant to a court judgment. (Added by Stats. 1965, Ch. 1725.)
  192. 71684.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

    Verify source ↗

    Money raised from water replenishment assessments may only be spent on specified water-purchase purposes.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71684. Proceeds raised by the water replenishment assessments hereunder may only be used for the purchase of water for replenishment of the ground waters of the district and for the purchase, in whole or in part, of makeup water requirements. (Added by Stats. 1965, Ch. 1725.)
  193. 71685.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71685. 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: (a) Records, data and other information for the consideration of the board in its determination of the annual overdraft. (b) 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. (c) A report, with supporting data, as to the total production of ground water from the ground water supplies within the district during the preceding water year. (d) A report, with supporting data, as to the changes during the preceding water year in the ground water levels and pressure levels or piezometric heights of the ground water contained within pressure-level areas of the district, and as to the effects thereof upon the ground water supplies within the district. (e) An estimate of the annual overdraft for the current water year and for the ensuing water year. (f) An estimate of the accumulated overdraft as of the last day of the current water year. (g) An estimate of the total production of ground water from the ground water supplies within the district for the current water year and for the ensuing water year. (h) An estimate of the changes during the current water year in the ground water levels, pressure levels or piezometric heights of the ground water contained within pressure-level areas of the district, and of the effects thereof upon the ground water supplies and makeup water requirements of the district. (i) An estimate of the quantity, source, and cost of water available for replenishment of the ground water supplies and meeting the makeup water requirements of the district during the ensuing water year under the provisions of Section 71687. (j) Records, data, estimates and other information for the consideration of the board in its determination of the makeup water requirements for the preceding, current and ensuing water years. (Added by Stats. 1965, Ch. 1725.)
  194. 71686.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

    Verify source ↗

    Each year, by the second Tuesday in March and after the Section 71685 survey and report has been made, the board must adopt a resolution stating whether funds will be raised for replenishment water and whether the assessment benefits property in the district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71686. On or before the second Tuesday in March of each year, and provided the survey and report called for by Section 71685 has been made, the board, by resolution, shall declare whether funds shall be raised to purchase water for replenishment and makeup water for the next ensuing water year pursuant to this article and whether the replenishment assessment will benefit, directly or indirectly, all of the persons or real property and improvements within the district. (Added by Stats. 1965, Ch. 1725.)
  195. 71686.1.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

    Verify source ↗

    If the board resolves to raise funds by a replenishment assessment, it must immediately publish notice of a public hearing and publish that notice in each affected county at least 10 days before the hearing.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71686.1. If the board, by resolution, determines that the funds needed to purchase replenishment or makeup water 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 cost of purchasing water for replenishment and makeup requirements for the ensuing water year shall be paid for by a replenishment assessment. Such 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. (Added by Stats. 1965, Ch. 1725.)
  196. 71686.2.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71686.2. The 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. 1965, Ch. 1725.)
  197. 71686.3.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71686.3. The board may appoint a qualified registered engineer familiar with water problems as a hearing officer to conduct the hearing. (Added by Stats. 1965, Ch. 1725.)
  198. 71686.4.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

    Verify source ↗

    Evidence relevant to the engineering survey, report, and the board’s decision to levy a replenishment assessment may be introduced.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71686.4. 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. 1965, Ch. 1725.)
  199. 71687.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

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    The board must make specified groundwater and assessment findings by resolution after the hearing, no later than the second Tuesday in May.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71687. Upon completing the hearing, but no later than the second Tuesday in May, the board shall, by resolution, find: (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 ground water from the ground water supplies within the district during the preceding water year. (g) The estimated total production of ground water from the ground water supplies within the district for the current water year. (h) The estimated total production of ground water from the ground water supplies within the district for the ensuing water year. (i) The changes during the preceding water year in the ground water levels, pressure levels or piezometric heights of the ground water contained within pressure-level areas of the district, and the effects thereof upon the ground water supplies and makeup water requirements of the district. (j) The estimated changes during the current water year in the ground water levels, pressure levels or piezometric heights of the ground water contained within pressure-level areas of the district, and the estimated effects thereof upon the ground water supplies within the district. (k) The quantity of water which should be purchased for the replenishment of the ground water supplies and makeup water requirements of the district during the ensuing water year. (l) The source and estimated cost of water available for such replenishment and makeup water requirements. (m) The estimated costs of replenishing such ground water supplies and meeting makeup water requirements of the district with such 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 ground water supplies and meeting the makeup water requirements of the district during the ensuing water year, but which is estimated to be unavailable for purchase during said ensuing water year; the estimated costs shall be based on the estimated price of water for replenishment and makeup purposes during the ensuing water year. (o) The estimated rate of the replenishment assessment required to be levied upon the production of ground water from the ground water supplies within the district during the ensuing fiscal year for the purposes of accomplishing such replenishment makeup water requirements 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 ground water supplies and meeting the makeup water requirements of the district during the ensuing water year, but which is estimated to be unavailable for purchase during such ensuing water year. (p) That persons extracting in the aggregate in excess of 50 percent of the water which would be subject to the water replenishment assessment, based upon production during the preceding fiscal year, have not filed their written objections to a proposed water replenishment assessment for the next succeeding fiscal year. Without the specific finding required by this subdivision (p), no further steps shall be taken to establish such water replenishment assessment for the next succeeding fiscal year. (Added by Stats. 1965, Ch. 1725.)
  200. 71687.1.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

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    The board must, by resolution, decide what part of certain water purchase costs will be covered by a replenishment assessment, including a future-water portion capped at 25 percent.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71687.1. Based on such findings the board shall, by resolution, determine what portion, if any, of the estimated cost of purchasing water for replenishment and makeup for the ensuing fiscal year shall be paid for by a replenishment assessment, and what portion, not exceeding 25 percent of the said 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, should be raised by a replenishment assessment. (Added by Stats. 1965, Ch. 1725.)

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