Water Code
Part 40 of 51 · provisions 7,801–8,000
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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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- 72072.9. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. )
A service supplier must refer uncollected amounts to the board for collection, and the article does not require the supplier to take legal action to collect the utility users tax.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. ) ## 72072.9. Any tax required to be paid by a service user under the provisions of this article shall be deemed a debt owed by the service user to the district. Any tax collected from a service user which has not been remitted to the board shall be deemed a debt owed to the district by the person required to collect and remit such tax. Nothing in this article shall impose any obligation upon a service supplier to take any legal action to enforce the collection of the utility users tax imposed by this article. Amounts uncollected by a service supplier shall be referred to the board for collection. (Added by Stats. 1975, Ch. 291.) - 72073. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 7. Determination of and Alternative Methods of Payment of Debt Service and Costs of Maintenance and Operation [72073 - 72077] ( Article 7 added by Stats. 1975, Ch. 291. )
The board must prepare a written report every year and mail it at least 20 days before the Section 72074 hearing.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 7. Determination of and Alternative Methods of Payment of Debt Service and Costs of Maintenance and Operation [72073 - 72077] ( Article 7 added by Stats. 1975, Ch. 291. ) ## 72073. The board annually shall cause to be prepared a written report stating the reasons for and conclusions of the board upon the following, together with any additional information deemed by the board to be relevant to such conclusions: (a) The amount of the total debt service payable by the district for the following fiscal year on any bonded indebtedness incurred pursuant to this chapter, and the estimated maintenance and operation costs of the improvements for such fiscal year. (b) The amount of such total debt service and maintenance and operation costs proposed to be raised in each of the improvement districts established under the provisions of this chapter, in accordance with the estimated benefits to be received by the landowners, water users, and inhabitants of each such improvement district during the following fiscal year. (c) The projected retail water sales within each such improvement district for the following fiscal year, stated by volume and anticipated revenue. Such report shall be mailed at least 20 days before the hearing provided for in Section 72074 to (1) each retail water purveyor with a service area wholly or partly within the district, and (2) any other interested party having made written request therefor at least 20 days before such hearing. (Repealed and added by Stats. 1975, Ch. 291.) - 72074. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 7. Determination of and Alternative Methods of Payment of Debt Service and Costs of Maintenance and Operation [72073 - 72077] ( Article 7 added by Stats. 1975, Ch. 291. )
Before approving the district’s annual budget, the board of directors must hold a public hearing.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 7. Determination of and Alternative Methods of Payment of Debt Service and Costs of Maintenance and Operation [72073 - 72077] ( Article 7 added by Stats. 1975, Ch. 291. ) ## 72074. Annually, prior to approving the annual budget for the district, the board of directors shall hold a public hearing for the purpose of considering the report made pursuant to this article, and to determine the amount of debt service and maintenance and operation costs to be raised in each of the improvement districts established hereby and the method of payment of such amount in each such improvement district. (Repealed and added by Stats. 1975, Ch. 291.) - 72075. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 7. Determination of and Alternative Methods of Payment of Debt Service and Costs of Maintenance and Operation [72073 - 72077] ( Article 7 added by Stats. 1975, Ch. 291. )
A notice for the Section 72074 hearing must be published and posted within the stated time limits, and it must include specific hearing and tax information.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 7. Determination of and Alternative Methods of Payment of Debt Service and Costs of Maintenance and Operation [72073 - 72077] ( Article 7 added by Stats. 1975, Ch. 291. ) ## 72075. Notice of the hearing to be held pursuant to Section 72074 shall be given by publishing a copy, pursuant to Section 6066 of the Government Code, at least 15 days prior to the time fixed for the hearing in a newspaper of general circulation within the district, if there is a newspaper of such circulation within the district. Such notice also shall be given by posting a copy in three public places within each of the improvement districts established under this chapter for at least two weeks before the time fixed for the hearing. The notice of such hearing shall state the following: (a) The time and place for the hearing by the board. (b) The amount of such debt service and maintenance and operation costs proposed to be raised in each improvement district established by this chapter. (c) That an ad valorem tax will be levied in each improvement district in an amount sufficient to pay the bond debt service and maintenance and operation costs required for the following fiscal year by each improvement district, to the extent that alternative methods of payment are not available for such purpose under the provisions of this chapter. (d) That at such time and place any person interested will be heard on the questions of such amount of debt service and maintenance and operation costs and the availability of such alternative methods of payment. (Repealed and added by Stats. 1975, Ch. 291.) - 72076. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 7. Determination of and Alternative Methods of Payment of Debt Service and Costs of Maintenance and Operation [72073 - 72077] ( Article 7 added by Stats. 1975, Ch. 291. )
After the hearing, the board must adopt a resolution that sets the total debt service, the maintenance and operation costs for each improvement district, and the method of payment for those amounts.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 7. Determination of and Alternative Methods of Payment of Debt Service and Costs of Maintenance and Operation [72073 - 72077] ( Article 7 added by Stats. 1975, Ch. 291. ) ## 72076. At the conclusion of the hearing, the board shall, by resolution, determine the following: (a) The amount of the total debt service on any bond indebtedness incurred pursuant to this chapter and the amount of the maintenance and operation costs to be paid by each improvement district established hereunder, in accordance with the estimated benefits to be received by the landowners, water users, and inhabitants of each such improvement district. (b) The method of payment of such debt service and maintenance and operation costs in each such improvement district. (Repealed and added by Stats. 1975, Ch. 291.) - 72077. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 7. Determination of and Alternative Methods of Payment of Debt Service and Costs of Maintenance and Operation [72073 - 72077] ( Article 7 added by Stats. 1975, Ch. 291. )
This section lets an improvement district’s debt service and maintenance costs be paid by an ad valorem tax unless certain alternative payment methods are used and allowed.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 7. Determination of and Alternative Methods of Payment of Debt Service and Costs of Maintenance and Operation [72073 - 72077] ( Article 7 added by Stats. 1975, Ch. 291. ) ## 72077. The amount of such debt service and maintenance and operation costs to be raised in each improvement district established under this chapter shall be paid by an ad valorem tax, to the extent that such payment is not paid by one or more of the following alternative methods: (a) Payment of funds to the district from water revenues or other income of the retail water purveyors within each such improvement district pursuant to a contract therefor, which shall constitute a lien upon such revenues and income. Notwithstanding the foregoing, such payment shall not be used unless and until a declaration of a majority of purveyors, stating their intention to use a specified amount of water service revenues or other income as such an alternative method of payment is filed with the board and there is shown to the satisfaction of the board that the financial condition of such purveyor reasonably will assure such payment. Such payment shall be made to the district on or before the date on which it would have received funds if it levied an ad valorem tax in lieu of such alternative method of payment. If any such purveyor fails to make any or all of such payment, the amount of such delinquency, plus a penalty of 8 percent per annum, shall be paid by such defaulting purveyor through appropriate proceedings brought by the district. (b) Collection of the utility tax pursuant to Sections 72072 to 72072.12, inclusive. (c) Water standby or availability charges in any such improvement district fixed pursuant to Article 2 (commencing with Section 71630) of Chapter 2 of Part 5 of this division. (d) Water revenues of the district derived from sales of water within each such improvement district pursuant to Article 1 (commencing with Section 71610) of Chapter 2 of Part 5 of this division. The board shall not use any of such alternative methods of payment if a written protest against such use is filed with the board, prior to the conclusion of the hearing held pursuant to this chapter, by the retail water purveyors within each such improvement district providing the majority of retail water service within such improvement district by volume and number of services. Notwithstanding the foregoing, if such a written protest is filed, the board may nonetheless use any such alternative means of payment, other than that specified in subdivision (a), upon the affirmative vote of four directors. (Repealed and added by Stats. 1975, Ch. 291.) - 72080. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. )
The board may start proceedings to exclude territory from an improvement district on its own motion, and it must do so when it receives a qualifying petition.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. ) ## 72080. Proceedings to exclude territory from an improvement district, formed pursuant to this division, may be initiated by the board upon its own motion, or shall be initiated by the board upon receipt of a petition for exclusion signed by not less than 10 percent of the voters of the area proposed to be excluded, which states reasons such exclusion will be beneficial to the district or the improvement district or the territory to be excluded. (Added by Stats. 1978, Ch. 404.) - 72081. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. )
When exclusion proceedings are started by board motion or voter petition, the board must adopt a resolution of intention to exclude that states the initiation method and the tax treatment that will apply after exclusion.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. ) ## 72081. Upon adoption of a motion to initiate exclusion proceedings or upon receipt of a petition for exclusion, the board shall adopt a resolution of intention to exclude which shall state: (a) The method by which the exclusion proceedings were initiated; by motion of the board or by petition of voters. (b) That taxes for carrying out the purpose of an improvement district formed pursuant to Part 8 (commencing with Section 72000) will not be levied upon taxable property in the excluded territory following such exclusion. (c) That taxes for the payment of principal and interest on any outstanding bonds of an improvement district will not be levied upon taxable property in the excluded territory following such exclusion, or, at the option of the board, that taxes for the payment of principal and interest on any outstanding bonds of an improvement district will continue to be levied upon taxable property in the excluded territory following such exclusion. (d) That following such exclusion, the taxable property in the territory remaining in the improvement district shall continue to be levied upon and taxed to provide funds for the purposes of the improvement district. (Added by Stats. 1978, Ch. 404.) - 72082. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. )
The resolution of intention to exclude must state that a map is on file with the secretary and can be inspected by interested persons.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. ) ## 72082. The resolution of intention to exclude shall also state that a map showing the exterior boundaries of the proposed territory to be excluded, with relation to the territory remaining in the improvement district, is on file with the secretary and is available for inspection by any person or persons interested. The map shall govern for all details as to the extent of the proposed exclusion. (Added by Stats. 1978, Ch. 404.) - 72083. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. )
The resolution of intention must state the time and place for a board hearing, and interested persons must be heard at that time and place.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. ) ## 72083. The resolution of intention shall also state: (a) The time and place for a hearing by the board on the questions of the proposed exclusion and the effect of such exclusion upon the district, the improvement district and the territory to be excluded. (b) That at such time and place any person interested, including all persons owning property in the district or in the improvement district, will be heard. (Added by Stats. 1978, Ch. 404.) - 72084. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. )
Notice of the hearing must be given by newspaper publication and by posting copies in three public places before the hearing.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. ) ## 72084. Notice of the hearing shall be given by publishing a copy of the resolution of intention to exclude, pursuant to Section 6066 of the Government Code, prior to the time fixed for the hearing in a newspaper circulated in the municipal water district, if there is a newspaper circulated in the district. Such notice shall also be given by posting a copy of the resolution of intention to exclude in three public places within the affected improvement district for at least two weeks before the time fixed for the hearing. (Added by Stats. 1978, Ch. 404.) - 72085. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. )
The board must hold the hearing at the scheduled or adjourned time and place, and interested persons may appear and present material matters.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. ) ## 72085. At the time and place so fixed in the resolution of intention to exclude, or at any time or place to which the hearing is adjourned, the board shall proceed with the hearing. At the hearing any person interested, including any person owning property in the district, or in the improvement district may appear and present any matters material to the questions set forth in the resolution of intention to exclude. (Added by Stats. 1978, Ch. 404.) - 72086. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. )
After the hearing, the board must decide by resolution whether to exclude the territory.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. ) ## 72086. At the conclusion of the hearing, the board shall by resolution determine whether it is necessary or desirable to exclude the territory. If so, the resolution shall also state: (a) The reasons why such exclusion is necessary or desirable. (b) That the exterior boundaries of the improvement district following such exclusion are set forth on a map on file with the secretary, which map shall govern all details as to the extent of the then existing improvement district. (Added by Stats. 1978, Ch. 404.) - 72087. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. )
The determinations made in a resolution of exclusion are final and conclusive.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. ) ## 72087. The determinations made in the resolution of exclusion shall be final and conclusive. (Added by Stats. 1978, Ch. 404.) - 72088. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. )
After territory is excluded from an improvement district, taxes for the district’s purpose are levied only on taxable property in the district as reconstituted, unless the board determines in the exclusion resolution that taxes should continue on the excluded territory for outstanding bond principal and interest.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. ) ## 72088. After the exclusion of territory from the improvement district pursuant to this division, all taxes levied for the carrying out of the improvement district’s purpose shall be levied exclusively upon the taxable property in the improvement district as then constituted, except that taxes shall continue to be levied upon the taxable property in the territory excluded for the payment of principal and interest on any outstanding bonds of the improvement district, if the board so determines in the resolution of exclusion. (Added by Stats. 1978, Ch. 404.) - 72089. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. )
A resolution excluding territory is not effective until 31 days after publication and posting, unless the board has written consent from all owners of the territory to be excluded.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. ) ## 72089. A copy of the resolution of exclusion shall be published pursuant to Section 6066 of the Government Code in a newspaper printed and published in the district, if there is a newspaper printed and published in the district. A copy of the resolution shall also be posted in three public places within the improvement district for at least two weeks. The resolution of exclusion shall not be effective until the 31st day after completion of the publication and posting. This section shall not apply if the board has received the written consent of the owners of all the territory to be excluded therefrom. The written consent shall include the terms and conditions of exclusion, if any. (Added by Stats. 1978, Ch. 404.) - 72089.5. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. )
A challenge to the validity of an exclusion of territory from an improvement district must be started within 3 months after the resolution of exclusion becomes effective.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8.5. EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS [72080 - 72089.5] ( Part 8.5 added by Stats. 1978, Ch. 404. ) ## 72089.5. Any action or proceeding in which the validity of the exclusion of territory from the improvement district or of any of the proceedings in relation thereto is contested, questioned, or denied shall be commenced within three months from the effective date of the resolution of exclusion; otherwise, the exclusion and all proceedings in relation thereto shall be held to be valid and in every respect legal and incontestable. (Added by Stats. 1978, Ch. 404.) - 72090. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. )
A district may levy taxes to pay its obligations, but the levy cannot exceed the applicable property tax rate limit.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72090. A district may cause taxes to be levied, in the manner provided in this part, for the purpose of paying any obligation of the district, including its formation expenses and any warrants issued therefor. The amount of this levy shall not exceed the amount permitted by any maximum property tax rate limitation in the Revenue and Taxation Code, provided, however, that if no tax was levied by the district in either the 1971–1972 or 1972–1973 fiscal year and the district incurred expenses in such years, which expenses were paid from revenues other than taxes, then the maximum levy shall not exceed fifty cents ($0.50) per one hundred dollars ($100) of assessed valuation per year. (Amended by Stats. 1974, Ch. 830.) - 72090.5. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. )
A district may impose a special tax, if it follows the referenced Government Code article.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72090.5. A district may impose a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. The special taxes shall be applied uniformly to all taxpayers or all real property within the district, except that unimproved property may be taxed at a lower rate than improved property. (Added by Stats. 1991, Ch. 70, Sec. 15.) - 72091. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. )
If district revenues are or may be inadequate to pay bonded debt and related Section 71616 amounts when due, the board must levy a tax to cover the shortfall.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72091. If the revenues of the district, or of any improvement district therein, are or in the judgment of the board will probably be inadequate for any cause to pay the principal of or interest on any bonded debt of the district, or any improvement district thereof, as it becomes due and also the amounts set forth in Section 71616, the board shall cause a tax to be levied, as provided in this part, sufficient to provide for such deficit and to pay the amount of such principal and interest that will become due before the proceeds of a tax levied at the next general tax levy will be available. (Added by Stats. 1963, Ch. 156.) - 72092. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. )
If a municipal water district’s revenues seem inadequate, its board must arrange to levy and collect a tax.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72092. If, in the opinion of the board of a municipal water district, the corporate area of which has been included in or annexed to a metropolitan water district as a unit, the revenues of the municipal water district will be inadequate for any cause to pay the operating expense of such district, to provide for repairs and depreciation of works owned or operated by it, and to meet all of its obligations the board shall provide for the levy and collection of a tax, in the manner provided in this part, sufficient to raise the amount of money determined by the board to be necessary for the purpose of paying the operating expenses of such district, providing for repairs and depreciation of works owned or operated by it, and meeting all of its obligations. (Added by Stats. 1963, Ch. 156.) - 72093. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. )
The board must set the tax amount and tax rate needed to raise the money required by the district, subject to tax-rate limits.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72093. The board shall determine the amounts necessary to be raised by taxation during the fiscal year and shall fix the rate or rates of tax to be levied which will raise the amounts of money required by the district. These acts by the board are a valid assessment of the property and a valid levy of the taxes so fixed. The amount of this levy shall not exceed the amounts permitted by any maximum property tax rate limitation in the Revenue and Taxation Code, provided, however, that if no tax was levied by the district for either the 1971–1972 of the 1972–1973 fiscal year, and the district incurred expenses in such years, which expenses were paid from revenues other than taxes, then the maximum levy shall not exceed fifty cents ($0.50) per one hundred dollars ($100) of assessed valuation per year. (Amended by Stats. 1974, Ch. 830.) - 72094. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. )
The board must, by September 1, certify the district’s tax rate or rates to the board of supervisors and county auditor, and it must provide a written statement of certain delinquent water or service charges when requested by the property owner.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72094. On or before September 1, the board shall certify to the board of supervisors and county auditor the tax rate or rates fixed for the district and shall furnish a statement of any delinquent and unpaid charges for water and other services, or either, requested in writing by the owner of the property that remain delinquent and unpaid for 60 days or more on July 1st. (Amended by Stats. 1983, Ch. 564, Sec. 7.) - 72095. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. )
The county auditor must calculate and record district tax amounts in the county assessment roll using the levy rate set by the board and the property’s assessed value.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72095. The county auditor shall compute and enter in the county assessment roll the respective sums to be paid as a district tax on the property in the district, using the rate or rates of levy as fixed by the board and the assessed value as found on the assessment roll for the property subject to the particular tax. (Repealed and added by Stats. 1970, Ch. 17.) - 72096. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. )
Taxes for bonded debt must be levied on benefited property; other district taxes must be levied on all property subject to the particular tax.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72096. Taxes for the payment of the interest on or principal of any bonded debt shall be levied on the property within the district, or improvement district therein, that is benefited by the bonded debt, as determined by the board in the resolution declaring the necessity to incur the debt. Taxes for other purposes of the district shall be levied on all property in the district or portion thereof subject to the particular tax. (Added by Stats. 1963, Ch. 156.) - 72096.5. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. )
A mobilehome in a rental space that is not permanently attached to the land is exempt from ad valorem property taxes for district debt service.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72096.5. Notwithstanding any other provisions of law, a mobilehome which occupies a rental space and is not permanently attached to the land is not property subject to ad valorem property taxes for debt service of the district or of any improvement district therein. (Added by Stats. 1983, Ch. 109, Sec. 1.) - 72097. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. )
County officers who collect taxes must collect district taxes at the same time and in the same way as county taxes, and pay the district taxes to the district.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72097. All county officers charged with the duty of collecting taxes shall collect district taxes at the same time and in the same form and manner as county taxes are collected, and shall pay the collected district taxes to the district. (Added by Stats. 1963, Ch. 156.) - 72098. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. )
District taxes for bonded debt and other district purposes become liens on the relevant property.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72098. Taxes for the payment of a bonded debt and the interest thereon shall be a lien on all the property benefited thereby as stated in the resolution of the board declaring the necessity to incur the debt. All taxes for other purposes of the district shall be a lien on all the property in the district subject to the particular tax. (Added by Stats. 1963, Ch. 156.) - 72099. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. )
District tax liens have the same force and effect as other tax liens, and their collection may use the same enforcement methods as state and county tax liens.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72099. Liens for district taxes, whether for payment of a bonded indebtedness and the interest thereon or for other purposes, 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. 1963, Ch. 156.) - 72100. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. )
Water charges and certain other service charges can be added to annual taxes and become a lien on the property, with a transfer-to-unsecured-roll exception for certain bona fide purchasers or encumbrancers. The county must deduct a collection-cost amount from charges collected.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72100. The amount of any charges for water and other services or either included in the statement of delinquent and unpaid charges pursuant to subdivision (c) of Section 72094 shall be added to and become a part of the annual taxes next levied upon the property upon which the water for which the charges are unpaid was used and upon the property subject to the charges for any other district services and shall constitute a lien on that property as of the same time and in the same manner as does the tax lien securing such annual taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to such charges, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the charges relating to such property shall be transferred to the unsecured roll for collection. The county shall deduct from the charges collected an amount sufficient to compensate the county for costs incurred in collecting such delinquent and unpaid charges. The amount of such compensation shall be fixed by agreement between the board of supervisors and the district’s board of directors. (Amended by Stats. 1973, Ch. 861.) - 72101. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. )
A district must notify the land title holder when certain water or service charges have stayed delinquent and unpaid for 60 days and may become a lien under Section 72100.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72101. A district shall notify the holder of title to land whenever delinquent and unpaid charges for water and other services or either which could become a lien on such property pursuant to Section 72100 remain delinquent and unpaid for 60 days. (Added by Stats. 1971, Ch. 1211.) - 72102. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. )
The district may secure unpaid water or service charges by recording a certificate with the county recorder, which creates a lien on the person’s real property.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Taxes Generally [72090 - 72102] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72102. In case any charges for water or other services, or either, remain unpaid the amount of the unpaid charges may in the discretion of the district be secured at any time by filing for record in the office of the county recorder of any county, a certificate specifying the amount of such charges and the name and address of the person liable therefor. From the time of recordation of the certificate, the amount required to be paid together with interest and penalty constitutes a lien upon all real property in the county owned by the person or afterwards, and before the lien expires, acquired by him. The lien has the force, priority, and effect of a judgment lien and shall continue for 10 years from the date of the filing of the certificate unless sooner released or otherwise discharged. The lien may, within 10 years from the filing of the certificate or within 10 years from the date of the last extension of the lien in the manner herein provided, be extended by filing for record a new certificate in the office of the county recorder of any county and from the time of such filing the lien shall be extended to the real property in such county for 10 years unless sooner released or otherwise discharged. (Added by Stats. 1979, Ch. 335.) - 72110. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Apportionment of Taxes in Multicounty Districts and Improvement Districts [72110 - 72112] ( Chapter 2 added by Stats. 1963, Ch. 156. )
If a district has land in more than one county, each affected county’s board of supervisors and county officers must carry out the duties assigned by Chapter 1.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Apportionment of Taxes in Multicounty Districts and Improvement Districts [72110 - 72112] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 72110. If a district contains lands situated in more than one county, the duties imposed upon the board of supervisors and county officers by Chapter 1 (commencing with Section 72090) of this part shall be performed by the board of supervisors and county officers of each affected county. (Added by Stats. 1963, Ch. 156.) - 72111. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Apportionment of Taxes in Multicounty Districts and Improvement Districts [72110 - 72112] ( Chapter 2 added by Stats. 1963, Ch. 156. )
In a multicounty district, each affected county auditor must send the district a certificate of assessed property value by the deadline. The board must then make the required certification and directions, and county officers must pay collected tax money to the district.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Apportionment of Taxes in Multicounty Districts and Improvement Districts [72110 - 72112] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 72111. In a district containing lands situated in more than one county, the auditor of each affected county shall immediately after equalization and not later than the 15th day of August of each year, prepare and deliver to the secretary of the district, or such other officer thereof as may be designated by the board, a certificate showing the assessed valuation of all property within the district lying within the county. Thereafter, the board shall make the certification and statement, and issue the directions, as required by Sections 72094 and 72095. After collection of taxes by the proper county officers at the rate specified, such officers shall pay the moneys received therefrom to the district. (Added by Stats. 1963, Ch. 156.) - 72112. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Apportionment of Taxes in Multicounty Districts and Improvement Districts [72110 - 72112] ( Chapter 2 added by Stats. 1963, Ch. 156. )
If an improvement district in a municipal water district spans two or more counties, the county tax apportionment method and procedure applies to it.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Apportionment of Taxes in Multicounty Districts and Improvement Districts [72110 - 72112] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 72112. Whenever an improvement district within a municipal water district is itself located in two or more counties, the method and procedure for the apportionment of district taxes between counties shall apply to such improvement district. (Added by Stats. 1963, Ch. 156.) - 72125. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Payments by Public Agencies in Lieu of Taxes [72125 - 72132] ( Chapter 3 added by Stats. 1971, Ch. 550. )
This chapter defines “public agency” to include cities, counties, districts, other local authorities, and public bodies within the state.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Payments by Public Agencies in Lieu of Taxes [72125 - 72132] ( Chapter 3 added by Stats. 1971, Ch. 550. ) ## 72125. “Public agency,” as used in this chapter, means any city, county, district, other local authority or public body of, or within, this state. (Added by Stats. 1971, Ch. 550.) - 72126. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Payments by Public Agencies in Lieu of Taxes [72125 - 72132] ( Chapter 3 added by Stats. 1971, Ch. 550. )
A district may, by annual resolution, let public agencies pay some or all district taxes in lieu of taxes, and those payments must be credited and offset against later tax levies.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Payments by Public Agencies in Lieu of Taxes [72125 - 72132] ( Chapter 3 added by Stats. 1971, Ch. 550. ) ## 72126. On or before July 1st of each year, a district by resolution may authorize public agencies, located wholly or partially within the boundaries of the district, to pay all or any portion of the taxes levied by the district for the fiscal year commencing on July 1st of such year. Following the adoption of such resolution, any public agency located wholly or partially within the boundaries of the district may, as provided in this chapter, utilize funds derived from the sale of water or other funds not appropriated to some other use to pay a district within whose boundaries such public agency is wholly or partially situated such amounts in avoidance of taxes of the district as may be determined annually by the governing body of such public agency. Any such payment shall be credited to the taxable property of the public agency within the district and shall be deducted from the amount of taxes which would otherwise be levied by the district against such property. If any such payment exceeds the amount of taxes which would otherwise have been levied against such property, the amount of such excess, with interest, shall be carried over and applied in reduction of taxes levied on such property during the ensuing year or years. (Added by Stats. 1971, Ch. 550.) - 72127. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Payments by Public Agencies in Lieu of Taxes [72125 - 72132] ( Chapter 3 added by Stats. 1971, Ch. 550. )
A governing body of a public agency within a district may, by September 1, declare its intention to use its funds to pay all or part of taxes next payable to that district.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Payments by Public Agencies in Lieu of Taxes [72125 - 72132] ( Chapter 3 added by Stats. 1971, Ch. 550. ) ## 72127. On or before the first day of September, in any year the governing body of a public agency located wholly or partially within a district may declare its intention to utilize its funds to pay the whole or a portion of the taxes to be next paid to such district. (Added by Stats. 1971, Ch. 550.) - 72128. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Payments by Public Agencies in Lieu of Taxes [72125 - 72132] ( Chapter 3 added by Stats. 1971, Ch. 550. )
The governing body of a public agency must make the declaration by order and resolution, and the declaration must state that payment is made in cash directly to the district in two equal installments.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Payments by Public Agencies in Lieu of Taxes [72125 - 72132] ( Chapter 3 added by Stats. 1971, Ch. 550. ) ## 72128. All such declarations shall be made by order and resolution of the governing body of the public agency and shall state that payment shall be made in cash directly to the district in equal installments on December 10th in the year of the declaration and on April 10th in the year next following. (Added by Stats. 1971, Ch. 550.) - 72129. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Payments by Public Agencies in Lieu of Taxes [72125 - 72132] ( Chapter 3 added by Stats. 1971, Ch. 550. )
A public agency must immediately file a certified copy of the declaration with specified district and county authorities, plus the State Board of Equalization.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Payments by Public Agencies in Lieu of Taxes [72125 - 72132] ( Chapter 3 added by Stats. 1971, Ch. 550. ) ## 72129. Immediately upon the adoption of such declaration a certified copy shall be filed by such public agency with the secretary of the district to whom the taxes would inure, the county assessor and county auditor of the county wherein the public agency is situated and the State Board of Equalization. (Added by Stats. 1971, Ch. 550.) - 72130. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Payments by Public Agencies in Lieu of Taxes [72125 - 72132] ( Chapter 3 added by Stats. 1971, Ch. 550. )
The district’s board of directors may reject a declaration after receiving a certified copy if the public agency previously said it would use funds in lieu of taxes and then did not meet those obligations on time.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Payments by Public Agencies in Lieu of Taxes [72125 - 72132] ( Chapter 3 added by Stats. 1971, Ch. 550. ) ## 72130. Upon receipt of a certified copy of such declaration, the board of directors of the district may reject such declaration whenever the public agency has, in the preceding five-year period, declared its intention to utilize its funds in lieu of taxes and has failed to meet its obligations thereunder in a timely manner. (Added by Stats. 1971, Ch. 550.) - 72131. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Payments by Public Agencies in Lieu of Taxes [72125 - 72132] ( Chapter 3 added by Stats. 1971, Ch. 550. )
After receiving a certified declaration, the county assessor, county auditor, or other responsible officer must reduce the taxes to be collected by the amount the public agency says it intends to pay, unless the district’s board rejects the declaration under Section 72130.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Payments by Public Agencies in Lieu of Taxes [72125 - 72132] ( Chapter 3 added by Stats. 1971, Ch. 550. ) ## 72131. Upon receipt of a certifed copy of such declaration, the county assessor, county auditor, or other responsible officer shall reduce the amount of taxes to be collected within the boundaries of the public agency for the benefit of the district by the amount which the public agency has declared its intent to pay, provided, the board of directors of the district does not notify such officers of rejection of such declaration pursuant to Section 72130. (Added by Stats. 1971, Ch. 550.) - 72132. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Payments by Public Agencies in Lieu of Taxes [72125 - 72132] ( Chapter 3 added by Stats. 1971, Ch. 550. )
A public agency that uses its funds to avoid taxes keeps the same reimbursement rights it would have had if the district taxes had been placed on the county assessment roll.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Payments by Public Agencies in Lieu of Taxes [72125 - 72132] ( Chapter 3 added by Stats. 1971, Ch. 550. ) ## 72132. A public agency which exercises its right to utilize its funds in avoidance of taxes shall retain its rights to state, county, or other public agency reimbursement to the same extent that the public agency would have enjoyed had the taxes of the district been carried on the county assessment roll. (Added by Stats. 1971, Ch. 550.) - 72140. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 1. General Provisions [72140 - 72140.2] ( Article 1 added by Stats. 1975, Ch. 165. )
This chapter is named the Chino Basin Production Assessment Law and may be cited by that name.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 1. General Provisions [72140 - 72140.2] ( Article 1 added by Stats. 1975, Ch. 165. ) ## 72140. This chapter shall be known and may be cited as the Chino Basin Production Assessment Law. (Added by Stats. 1975, Ch. 165.) - 72140.1. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 1. General Provisions [72140 - 72140.2] ( Article 1 added by Stats. 1975, Ch. 165. )
This section defines terms used in the chapter on Chino Basin production assessments.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 1. General Provisions [72140 - 72140.2] ( Article 1 added by Stats. 1975, Ch. 165. ) ## 72140.1. As used in this chapter: (a) “Annual” or “year” means a calendar year unless the context indicates a contrary meaning. (b) “Assessing district” means any Chino Basin district which levies a production assessment under this chapter. (c) “Board” means the board of directors of the primary district. (d) “Chino Basin” means the groundwater basin situated within the Counties of Los Angeles, Riverside, and San Bernardino and which is described in the complaint for general adjudication of water rights in the matter of Chino Basin Municipal Water District v. City of Chino, et al., San Bernardino Superior Court No. 164327, filed January 2, 1975. (e) “Chino Basin districts” means the primary district, the Western Municipal Water District of Riverside County, and the Pomona Valley Municipal Water District, the boundaries of each of which incorporate land overlying, in part, the Chino Basin. (f) “Fiscal year” means the period July 1 through June 30, following. (g) “Groundwater” means water beneath the surface of the ground and within the zone of saturation. (h) “Minimal pumper” means any person whose total production from the Chino Basin does not exceed 10 acre-feet per year. (i) “Person” means any public agency or public corporation, or any private corporation, firm, partnership, limited liability company, individual, or group of individuals, excluding the State of California and its agencies. (j) “Primary district” means the Chino Basin Municipal Water District, which overlies a majority of the Chino Basin. (k) “Production” or “produce” means the extraction of groundwater by pumping or any other method, except for gravity flow tunnels which intercept the subsurface flow of defined streams. (l) “Producer” means any person who produces groundwater within the Chino Basin, excluding minimal pumpers. (m) “Secretary” means the secretary of the primary district. (n) “Supplemental water” means water from the State Water Resources Development System. (o) “Water producing facility” means any device or method, mechanical or otherwise, for the production of groundwater within the Chino Basin. (p) “Annual report” means the report required of each producer pursuant to Section 72143. (Amended by Stats. 1994, Ch. 1010, Sec. 227. Effective January 1, 1995.) - 72140.2. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 1. General Provisions [72140 - 72140.2] ( Article 1 added by Stats. 1975, Ch. 165. )
This section says Chino Basin districts keep their existing powers, and production assessments may be levied on groundwater production from the Chino Basin.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 1. General Provisions [72140 - 72140.2] ( Article 1 added by Stats. 1975, Ch. 165. ) ## 72140.2. The powers conferred by this chapter are in addition to, and not in place of, any other powers conferred upon the Chino Basin districts. Production assessments levied pursuant to this chapter shall be deemed necessary to further the activities of the Chino Basin districts in the protection of the ground water supplies of the Chino Basin for the public health, safety, and welfare. Production assessments are authorized to be levied upon the production of ground water from the Chino Basin for the benefit of all members of the public who rely directly or indirectly upon such ground water supplies. (Added by Stats. 1975, Ch. 165.) - 72141. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 2. Assessment [72141- 72141.] ( Article 2 added by Stats. 1975, Ch. 165. )
The primary district must levy an annual production assessment on Chino Basin production at $2 per acre-foot, unless a lesser amount is set under Section 72142.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 2. Assessment [72141- 72141.] ( Article 2 added by Stats. 1975, Ch. 165. ) ## 72141. To accomplish the purposes of this chapter, the primary district shall cause a production assessment or assessments to be levied each year at a uniform annual rate of two dollars ($2) per acre-foot of production from the Chino Basin, or in such lesser amount as may be determined pursuant to Section 72142. The authorized purposes for such production assessments are as follows: (a) To purchase supplemental water to be used in the aid of studies and investigations authorized under subdivision (b), provided that the total expenditures for such purpose from all production assessments levied pursuant to this chapter shall not exceed the sum of four hundred thousand dollars ($400,000). (b) To pay the costs and expenses incurred during or after the 1974–75 fiscal year for studies and investigations, including systems analysis, to develop a management plan for the water resources of the Chino Basin, including studies and investigations incident to actions and proceedings authorized under subdivision (c). (c) To pay costs and expenses incurred during or after the 1974–75 fiscal year for actions and proceedings authorized by the primary district under Sections 71751 and 71757 and related to the development and implementation of such water management plan for the Chino Basin. (d) To pay costs and expenses incurred during or after the 1974–75 fiscal year for the administration of this chapter, including advisory committee expenses, and to pay or reimburse costs and expenses of the Chino Basin districts incurred for the administration of this chapter. (Added by Stats. 1975, Ch. 165.) - 72142. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 3. Levy of Assessment [72142 - 72142.4] ( Article 3 added by Stats. 1975, Ch. 165. )
The board must adopt a budget and levy a per-acre-foot assessment by resolution on the required schedule, but it may levy a lesser assessment if the chapter’s purposes can still be met.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 3. Levy of Assessment [72142 - 72142.4] ( Article 3 added by Stats. 1975, Ch. 165. ) ## 72142. On or before 60 days after the effective date of this chapter, and on or before the third Wednesday in April of each year after 1975, the board shall adopt a budget and by resolution levy such two-dollar ($2)-per-acre-foot assessment, unless the board determines that the purposes of this chapter can be accomplished with a lesser assessment, in which case the board may, by resolution, levy such lesser assessment. Such assessment shall be applicable to all production within the Chino Basin during the fiscal year in which such assessment is levied. (Added by Stats. 1975, Ch. 165.) - 72142.1. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 3. Levy of Assessment [72142 - 72142.4] ( Article 3 added by Stats. 1975, Ch. 165. )
After the primary district adopts its assessment resolution, the board must notify the other Chino Basin districts, which must levy similar assessments at the same rate.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 3. Levy of Assessment [72142 - 72142.4] ( Article 3 added by Stats. 1975, Ch. 165. ) ## 72142.1. Immediately after adopting its resolution levying the assessment, which levy shall thereupon be effective as to all production from the Chino Basin within the primary district, the board shall notify and direct the other Chino Basin districts to levy similar assessments on production from the Chino Basin within each Chino Basin district at an identical rate. The boards of directors of each Chino Basin district other than the primary district shall on or before 30 days after receipt of such notice levy such assessment against all production from the Chino Basin within its boundaries within 30 days after the final date for receipt of annual reports and the payments of assessments, all net assessment proceeds collected by any Chino Basin district, less all costs of administration and collection, shall be delivered to the primary district. (Added by Stats. 1975, Ch. 165.) - 72142.2. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 3. Levy of Assessment [72142 - 72142.4] ( Article 3 added by Stats. 1975, Ch. 165. )
After a production assessment is levied, the Chino Basin districts must notify affected producers, state each assessment rate, and require filing of each affected producer’s annual report and payment by the Section 72143 deadline.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 3. Levy of Assessment [72142 - 72142.4] ( Article 3 added by Stats. 1975, Ch. 165. ) ## 72142.2. After the levy of a production assessment pursuant to this chapter the Chino Basin districts shall give notice thereof to all affected producers within the Chino Basin, within each of their respective boundaries, which notice shall state the rate of each assessment and shall require filing of the annual report of each affected producer, together with payment of the assessment, by the deadline specified in Section 72143. The notice may be sent by postal card or by other first-class mail with postage prepaid by the assessing district. (Added by Stats. 1975, Ch. 165.) - 72142.3. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 3. Levy of Assessment [72142 - 72142.4] ( Article 3 added by Stats. 1975, Ch. 165. )
The assessment payment must accompany the filing of the annual report.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 3. Levy of Assessment [72142 - 72142.4] ( Article 3 added by Stats. 1975, Ch. 165. ) ## 72142.3. Payment of the assessment shall accompany the filing of the annual report. (Added by Stats. 1975, Ch. 165.) - 72142.4. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 3. Levy of Assessment [72142 - 72142.4] ( Article 3 added by Stats. 1975, Ch. 165. )
If a producer does not pay a production assessment when due after the required notice, the producer owes the assessing district interest at 1% per month on the delinquent amount.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 3. Levy of Assessment [72142 - 72142.4] ( Article 3 added by Stats. 1975, Ch. 165. ) ## 72142.4. If any producer after having been given notice as required by Section 72142.2 fails to pay a production assessment when due, such producer shall become liable to the assessing district for interest at the rate of 1 percent per month on the delinquent amount of the assessment. (Added by Stats. 1975, Ch. 165.) - 72143. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 4. Reports [72143 - 72143.1] ( Article 4 added by Stats. 1975, Ch. 165. )
Producers in the Chino Basin must file annual production reports with the assessing district, and Chino Basin districts must send copies to the primary district.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 4. Reports [72143 - 72143.1] ( Article 4 added by Stats. 1975, Ch. 165. ) ## 72143. On or before 120 days after the effective date of this chapter, and on or before the last day of July of each year after 1975, each producer within the Chino Basin shall furnish the assessing district with an annual report of production for the preceding fiscal year, on a form to be prescribed by the board. On or before 150 days after the effective date of this chapter, and on or before the last day of August of each year after 1975, each Chino Basin district shall deliver a copy of such annual reports to the primary district. (Added by Stats. 1975, Ch. 165.) - 72143.1. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 4. Reports [72143 - 72143.1] ( Article 4 added by Stats. 1975, Ch. 165. )
A producer who gets the required notice and still does not file the annual production report can be charged a $2-per-acre-foot penalty, and the district board may investigate, set production amounts, and handle protests.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 4. Reports [72143 - 72143.1] ( Article 4 added by Stats. 1975, Ch. 165. ) ## 72143.1. If any producer subject to production assessments, after having been given notice as required by Section 72142.2, fails to file an annual report on production, such producer shall, in addition to the liability for interest provided in Section 72142.4, become liable to the assessing district for a penalty of two dollars ($2) per acre-foot produced during the fiscal year subject to such report. If the board of the assessing district has probable cause to believe that the production by any producer is unreported or, if reported, is substantially in excess of that disclosed by the annual report of such producer, such board shall cause an investigation and report to be made concerning such production. Such board shall determine and fix the correct amount of production for any such producer, not to exceed the maximum production capacity of such producer’s water producing facilities; provided, however, where a water measuring device is permanently attached thereto, the record of production as disclosed by such water measuring device shall be presumed to be accurate, and the burden shall be upon such board to establish to the contrary. After such determination has been made by such board, a written notice thereof shall be mailed to the producer by such assessing district at his address as shown by the primary district’s records. Any such determination made by such board shall be conclusive on the producer, and production assessments based thereon, together with interest and penalties, shall be payable immediately, unless such producer shall file with such board within 10 days after the mailing of such notice a written protest setting forth the ground or grounds for protesting the amount of production so determined or the production assessment, interest, and penalties so levied thereon. Upon the filing of such protest, such board shall hold a hearing at which time the total amount of production and the production assessment thereon shall be determined, and the interest and penalties fixed, which action shall be conclusive if based upon substantial evidence. A notice of such hearing shall be mailed to the protestant at least 10 days before the date fixed for the hearing. Notice of the determination by such board shall be mailed to each protestant. Such producer shall have 20 days from the date of mailing of such notice to pay the production assessment, interest, and penalties so fixed by such board. Within 30 days after the conclusion of the proceedings under this section, such assessing district shall deliver a copy of the notice of the determination to the primary district. (Added by Stats. 1975, Ch. 165.) - 72144. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 5. Advisory Committee [72144 - 72144.2] ( Article 5 added by Stats. 1975, Ch. 165. )
The board must appoint an advisory committee that represents different water-use and institutional interests.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 5. Advisory Committee [72144 - 72144.2] ( Article 5 added by Stats. 1975, Ch. 165. ) ## 72144. The board shall appoint an advisory committee representative of the various categories of water use and institutional concern, including each city which is a producer, each water district whose boundaries include lands within the Chino Basin, and representatives of water companies and industrial and agricultural interests. (Added by Stats. 1975, Ch. 165.) - 72144.1. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 5. Advisory Committee [72144 - 72144.2] ( Article 5 added by Stats. 1975, Ch. 165. )
The advisory committee must organize itself, elect officers, adopt reasonable rules for its affairs, and hold meetings in compliance with the cited Government Code chapter.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 5. Advisory Committee [72144 - 72144.2] ( Article 5 added by Stats. 1975, Ch. 165. ) ## 72144.1. The advisory committee shall organize, elect officers, and adopt reasonable rules for conduct of its affairs; provided, that all meetings of the committee shall be conducted in compliance with Chapter 9 (commencing with Section 54950) of Part 1, Division 2, Title 5 of the Government Code. (Added by Stats. 1975, Ch. 165.) - 72144.2. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 5. Advisory Committee [72144 - 72144.2] ( Article 5 added by Stats. 1975, Ch. 165. )
The advisory committee must review proposed studies, programs, and spending of production assessment proceeds, and it must advise and consult with the board on administering the chapter.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 5. Advisory Committee [72144 - 72144.2] ( Article 5 added by Stats. 1975, Ch. 165. ) ## 72144.2. The advisory committee shall review all proposed studies, programs, and expenditures of proceeds of production assessments under this chapter and shall advise and consult with the board in the administration of this chapter. (Added by Stats. 1975, Ch. 165.) - 72145. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 6. Remedies [72145- 72145.] ( Article 6 added by Stats. 1975, Ch. 165. )
An assessing district may sue a producer to collect delinquent production assessments, interest, or penalties, and the court may also award interest, costs, and attorney’s fees on any judgment.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 6. Remedies [72145- 72145.] ( Article 6 added by Stats. 1975, Ch. 165. ) ## 72145. Any assessing district may bring a suit in the court having jurisdiction against any producer for the collection of any delinquent production assessments, interest, or penalties. The court having jurisdiction of the suit may, in addition award interest, costs, and attorney’s fees on any judgment. (Added by Stats. 1975, Ch. 165.) - 72146. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 7. Termination [72146- 72146.] ( Article 7 added by Stats. 1975, Ch. 165. )
The chapter’s assessment authority ends after fiscal year 1976–77 production, and the power to collect production assessments stops after the assessing districts have exhausted their remedies.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 9. TAXES [72090 - 72146] ( Part 9 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Chino Basin Production Assessments [72140 - 72146] ( Chapter 4 added by Stats. 1975, Ch. 165. ) ## ARTICLE 7. Termination [72146- 72146.] ( Article 7 added by Stats. 1975, Ch. 165. ) ## 72146. The assessment authority conferred pursuant to this chapter shall not extend beyond fiscal year 1976–77 production, and the power to collect production assessments shall cease and terminate after exhaustion of all remedies of the assessing districts as to such 1976–77 production. Nothing in this section shall preclude the commitment or expenditure of assessment proceeds remaining after the termination of such assessment authority. (Added by Stats. 1975, Ch. 165.) - 72150. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Exclusion [72150 - 72151] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [72150 - 72151] ( Article 1 added by Stats. 1963, Ch. 156. )
Territory inside a district may be excluded from the district, with a special rule for parts of cities that remain within a metropolitan water district.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Exclusion [72150 - 72151] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [72150 - 72151] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72150. Territory included within a district may be excluded from the district. When any part of the corporate area of a city is included in the territory proposed to be excluded from the district, the entire corporate area of the city, or part thereof, then included within the district shall be included in the territory proposed to be excluded from the district except that when the boundaries of the corporate area of a city are also within a metropolitan water district, a portion of such city may be excluded from a district if at the conclusion of the exclusion proceedings such portion of the city will still remain within the boundaries of such metropolitan water district. (Amended by Stats. 1965, Ch. 132.) - 72151. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Exclusion [72150 - 72151] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [72150 - 72151] ( Article 1 added by Stats. 1963, Ch. 156. )
A territory proposed for exclusion may be made up of one or more parcels, even if they are not contiguous and even if they are in more than one county, when the district contains those parcels.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Exclusion [72150 - 72151] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [72150 - 72151] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72151. The territory proposed to be excluded may consist of one or more parcels which need not be contiguous to each other and may consist of parcels situated in more than one county if the district contains such parcels. (Added by Stats. 1963, Ch. 156.) - 72280. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Automatic Exclusion of Cities [72280 - 72285] ( Chapter 3 added by Stats. 1963, Ch. 156. )
The governing body of a municipal water district may adopt an ordinance, within 90 days after the district is formed, to exclude territory that had been annexed to a metropolitan water district before formation.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Automatic Exclusion of Cities [72280 - 72285] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 72280. If, prior to the effective date of the formation of a municipal water district, any territory included therein is annexed to a metropolitan water district organized under the Metropolitan Water District Act, the governing body of the municipal water district, within 90 days after the effective date of the formation of such district, may adopt an ordinance which: (a) Recites that the territory has been annexed to the metropolitan water district. (b) Refers to the applicable statutes and to the date and place of the filing of the certificate or certificates evidencing such annexation. (c) Describes the territory. (d) Determines and declares that the territory is excluded from the municipal water district. Such ordinance shall be effective immediately upon its adoption. (Added by Stats. 1963, Ch. 156.) - 72281. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Automatic Exclusion of Cities [72280 - 72285] ( Chapter 3 added by Stats. 1963, Ch. 156. )
The board or secretary of a municipal water district must file a certified copy of the ordinance with the Secretary of State.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Automatic Exclusion of Cities [72280 - 72285] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 72281. The board or the secretary of the municipal water district shall file a certified copy of the ordinance adopted pursuant to Section 72280 with the Secretary of State. (Added by Stats. 1963, Ch. 156.) - 72282. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Automatic Exclusion of Cities [72280 - 72285] ( Chapter 3 added by Stats. 1963, Ch. 156. )
When the Secretary of State receives the certified copy of the ordinance, they must issue a certificate within 10 days stating that the ordinance passed and the area is excluded from the municipal water district.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Automatic Exclusion of Cities [72280 - 72285] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 72282. Upon receipt of the certified copy of the ordinance, the Secretary of State shall, within 10 days, issue his certificate reciting the passage of the ordinance and the exclusion of the area from the municipal water district. (Added by Stats. 1963, Ch. 156.) - 72283. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Automatic Exclusion of Cities [72280 - 72285] ( Chapter 3 added by Stats. 1963, Ch. 156. )
A copy of the Secretary of State’s certificate must be filed with the county clerk if the municipal water district is in one county, or filed with the secretary if the district spans more than one county.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Automatic Exclusion of Cities [72280 - 72285] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 72283. A copy of the Secretary of State’s certificate shall be transmitted to and filed with the county clerk of the county in which the municipal water district is situated if the district is situated in a single county, or shall be submitted to and filed with the secretary if the district contains lands situated in more than one county. (Added by Stats. 1963, Ch. 156.) - 72284. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Automatic Exclusion of Cities [72280 - 72285] ( Chapter 3 added by Stats. 1963, Ch. 156. )
When the Secretary of State’s certificate is dated, the described area is automatically excluded from the municipal water district.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Automatic Exclusion of Cities [72280 - 72285] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 72284. From and after the date of the Secretary of State’s certificate, the area described therein is excluded from, and no longer forms a part of, the municipal water district. (Added by Stats. 1963, Ch. 156.) - 72285. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Automatic Exclusion of Cities [72280 - 72285] ( Chapter 3 added by Stats. 1963, Ch. 156. )
Property in the excluded area stays subject to prior municipal water district taxes and remains taxable for district debt until that debt is paid.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Automatic Exclusion of Cities [72280 - 72285] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 72285. The taxable property within the excluded area shall remain subject to any taxes theretofore levied by the municipal water district and shall continue to be taxable by the municipal water district for the purpose of paying the bonded or other indebtedness of the municipal water district, if any, outstanding or contracted for at the time of such exclusion and until such bonded or other indebtedness is satisfied, to the same extent that such property would be taxable for such purpose if the exclusion had not occurred. (Added by Stats. 1963, Ch. 156.) - 72300. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Inclusion [72300 - 72303] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [72300 - 72303] ( Article 1 added by Stats. 1963, Ch. 156. )
A county portion, a city in that county, or both may be added to a district.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Inclusion [72300 - 72303] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [72300 - 72303] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72300. Any portion of a county, or any city situated within such county, or both, may be added to a district. Such portion or city need not be within a county in which the existing district is situated. (Added by Stats. 1963, Ch. 156.) - 72301. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Inclusion [72300 - 72303] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [72300 - 72303] ( Article 1 added by Stats. 1963, Ch. 156. )
This section says the cities, unincorporated territory parcels, and annexing areas do not have to be contiguous.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Inclusion [72300 - 72303] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [72300 - 72303] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72301. The cities need not be contiguous, and the unincorporated territory, inhabited or uninhabited, may consist of one or more parcels which need not be contiguous to each other or to any such cities. The annexing area or areas need not be contiguous to the district. (Amended by Stats. 1965, Ch. 2043.) - 72302. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Inclusion [72300 - 72303] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [72300 - 72303] ( Article 1 added by Stats. 1963, Ch. 156. )
A district inside a metropolitan water district may annex territory outside that district, but it may not serve purchased water to that outside territory without the metropolitan water district’s consent.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Inclusion [72300 - 72303] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [72300 - 72303] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72302. Any district whose territory is included within a metropolitan water district may nonetheless annex territory outside of the metropolitan water district without the consent of, or necessity that such annexed land be included within, the metropolitan water district; but the district may not serve water purchased from the metropolitan water district to such territory outside of the boundaries of the metropolitan water district without the consent of the metropolitan water district. (Added by Stats. 1974, Ch. 775.) - 72303. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Inclusion [72300 - 72303] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [72300 - 72303] ( Article 1 added by Stats. 1963, Ch. 156. )
A district partly or fully inside a metropolitan water district may buy or acquire water for use anywhere in the district, without penalty or sanction from the metropolitan water district, if the water comes from the listed sources.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 10. CHANGES IN ORGANIZATION [72150 - 72303] ( Part 10 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Inclusion [72300 - 72303] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. In General [72300 - 72303] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72303. Any district, the territory, or any portion thereof, of which is included within a metropolitan water district, shall be entitled, without penalty or sanction from the metropolitan water district, to purchase or acquire water to serve any territory within the district, whether or not the territory is within the metropolitan water district, from the following specified sources without the water being deemed an acquisition or purchase of water from the State Water Resources development system: (a) Recycled water, as defined in Section 13050, regardless of the source of the water prior to its use and recycling. (b) Water produced incidentally to the exercise of bona fide property rights to divert or pump local waters, regardless of the origin of the waters. (Amended by Stats. 2004, Ch. 183, Sec. 367. Effective January 1, 2005.) - 72670. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
A portion of a district may be annexed to an improvement district, even if it is not contiguous, if the chapter’s procedure is followed.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72670. Any portion of a district, whether contiguous or not to an improvement district thereof, may be annexed to such improvement district in the manner provided in this chapter. (Added by Stats. 1963, Ch. 156.) - 72671. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
Annexation proceedings may be started by petition, and the petition must be filed with the secretary.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72671. Annexation proceedings may be initiated by petition. A petition, which may consist of any number of separate instruments, shall be filed with the secretary. (Added by Stats. 1963, Ch. 156.) - 72672. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
A petition for annexation must be signed by title holders owning at least 60% of the land in the area to be annexed, and that land must have an assessed valuation of at least 50% of the land proposed to be annexed.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72672. The petition shall be signed by the holders of title to at least 60 percent of the land in the portion proposed to be annexed, which land shall have an assessed valuation of not less than 50 percent of the land proposed to be annexed. (Added by Stats. 1963, Ch. 156.) - 72673. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
A petition for annexation must include a description of the area, the annexation terms and conditions, and a request that the board declare the area annexed.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72673. The petition for annexation shall contain all of the following: (a) A description of the area proposed to be annexed. Such description may be made by reference to a map on file with the secretary of the district, which map shall govern for all details as to the extent of the area proposed to be annexed, or may be made in any other definite manner. (b) The terms and conditions upon which the proposed area may be annexed as theretofore determined by resolution of the board. (c) A prayer that the board declare such area to be annexed to the improvement district. (Added by Stats. 1963, Ch. 156.) - 72674. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
A petition for annexation must be accompanied by a certified check payable to the district.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72674. The petition for annexation shall be accompanied by a certified check payable to the order of the district in a sufficient amount to reimburse the district for the expenses of processing and publishing the petition and preparing and making the filings required by law. (Added by Stats. 1963, Ch. 156.) - 72675. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
The secretary must review a petition for annexation within 10 days of filing and determine whether it is signed by the required number of property owners. If the secretary asks, the board must let him hire extra help for this task and pay for that help.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72675. Within 10 days of the date of the filing of the petition for annexation, the secretary shall examine the petition and determine whether it is signed by the required number of property owners. Upon request of the secretary, the board shall authorize him to employ persons specially for this purpose, in addition to the persons regularly employed in his office, and shall provide for their compensation. (Added by Stats. 1963, Ch. 156.) - 72676. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
After finishing the examination of a petition for annexation, the secretary 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 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72676. When the secretary has completed his examination of the petition for annexation, he shall attach to it his certificate, properly dated, showing the result of such examination. (Added by Stats. 1963, Ch. 156.) - 72677. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
The secretary must certify whether an annexation petition is sufficient or insufficient based on the number of property owners who signed it.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72677. If the secretary finds from the examination that the petition for annexation is signed by the requisite number of property owners he shall certify that the petition is sufficient. If he finds it is not so signed, he shall certify that the petition is insufficient. (Added by Stats. 1963, Ch. 156.) - 72678. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
If the secretary certifies that the annexation petition is insufficient, it may be amended by filing supplemental petition(s) within 10 days.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72678. If the secretary certifies in his certificate that the petition for annexation is insufficient, the petition may be amended by filing a supplemental petition or petitions within 10 days of the date of such certificate. (Added by Stats. 1963, Ch. 156.) - 72679. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
The secretary must examine any supplemental petition or petitions and certify the result within 10 days after filing.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72679. Within 10 days after the filing of any supplemental petition or petitions, the secretary shall examine them and certify to the result of such examination as provided in Sections 72675 to 72677, inclusive. (Added by Stats. 1963, Ch. 156.) - 72680. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
If the annexation petition is sufficient, the secretary must have notice of the hearing published and posted without delay.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72680. After the time for filing supplemental petitions has expired and all supplemental petitions have been examined, if the secretary’s certificate shows that the petition for annexation is sufficient, the secretary shall cause notice of hearing on the petition to be published and posted without delay. (Added by Stats. 1963, Ch. 156.) - 72680.1. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
If an annexation petition is signed by all title holders of the land to be annexed, the board may act without notice and hearing.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72680.1. In the event the petition for annexation is signed by all of the holders of title of land in the portion proposed to be annexed, the board may proceed and act thereon without notice and hearing, but shall otherwise comply with the applicable provisions of this article. (Added by Stats. 1967, Ch. 83.) - 72681. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
Before a petition for annexation is presented to the board, its text must be published in the district newspaper, along with notice of the meeting time and place.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72681. The text of the petition for annexation shall be published, pursuant to Section 6066 of the Government Code, prior to the time at which it is to be presented to the board, in at least one newspaper printed and published in the district, if there is a newspaper printed and published in the district, together with a notice stating the time and place of the meeting at which the petition will be presented. If the petition is contained upon one or more instruments, only one copy of the petition need be published. (Added by Stats. 1963, Ch. 156.) - 72682. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
In publishing a petition and notice for annexation, no more than five attached names need be shown, and the number of signers must be stated.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72682. No more than five of the names attached to the petition for annexation need appear in the publication of the petition and notice, but the number of signers shall be stated. (Added by Stats. 1963, Ch. 156.) - 72683. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
The petition and notice must be posted in specified public places before the hearing.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72683. The petition and notice shall also be posted in three public places in the improvement district and three public places in the area proposed to be annexed at least two weeks prior to the hearing. (Added by Stats. 1963, Ch. 156.) - 72684. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
The board must hear the petition at the fixed time and place. Certain people in the district may appear and be heard, and the board may continue the hearing.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72684. The board shall proceed to hear the petition at the time and place fixed therefor, and any person residing within the district or improvement district or owning taxable property in the district or improvement district may appear and be heard at such hearing. Such hearing may be continued from time to time by the board. (Added by Stats. 1963, Ch. 156.) - 72685. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
The board may approve an annexation by resolution if the hearing evidence shows the annexed area and the improvement district will be benefited and the district will not be injured.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72685. At the conclusion of the hearing, if the board finds and determines from the evidence presented at the hearing that the area proposed to be annexed to an improvement district will be benefited thereby, and that the improvement district to which the area proposed to be annexed will also be benefited thereby and will not be injured thereby, the board may, by resolution, approve the annexation. The resolution shall describe the annexed territory, which may be made by reference to a map on file with the secretary, which map shall govern for all details as to the extent of the annexed area, or may be made in any other definite manner. The resolution shall also state the terms and conditions of annexation as theretofore determined by resolution of the board. (Added by Stats. 1963, Ch. 156.) - 72686. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
After the resolution approving annexation is adopted, the named area becomes part of the improvement district.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72686. From and after the date of the adoption of the resolution approving the annexation, the area named therein is added to and forms a part of the improvement district. (Added by Stats. 1963, Ch. 156.) - 72687. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
Taxable property in annexed areas becomes subject to taxation for the improvement district after annexation, including payment of bond principal and interest.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72687. The taxable property in the annexed areas shall be subject to taxation after the annexation thereof for the purposes of the improvement district, including the payment of the principal of and interest on bonds and other obligations of the improvement district authorized and outstanding at the time of the annexation. If the terms and conditions established by the board specifically so provide, the taxable property in the annexed area shall be subject to taxation as if the annexed property had always been a part of the improvement district. (Amended by Stats. 1969, Ch. 71.) - 72688. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
The board may take necessary actions to enforce and carry out the annexation terms and conditions it sets.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72688. The board may do all things necessary to enforce and make effective the terms and conditions of annexation fixed by it. (Added by Stats. 1963, Ch. 156.) - 72689. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. )
Challenges to an annexation of territory to an improvement district must be filed within three months after the approving resolution.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Inclusion Proceedings Initiated by Petition [72670 - 72689] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 72689. Any action or proceeding in which the validity of an annexation to an improvement district pursuant to this article is contested, questioned, or denied shall be commenced within three months after the date of the resolution approving such annexation; otherwise the annexation shall be held to be valid and in every respect legal and incontestable. (Added by Stats. 1963, Ch. 156.) - 72700. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. )
The board may start annexation proceedings for territory in the district by resolution.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 72700. The board, by resolution, may initiate proceedings for the annexation of territory within the district whether contiguous or not to an improvement district to such improvement district. (Amended by Stats. 1965, Ch. 132.) - 72701. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. )
A resolution proposing annexation must include specified details, including the reason, area description, annexation terms and conditions, protest rights, and the time and place for a protest meeting.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 72701. The resolution proposing annexation shall: (a) Declare that proceedings have been initiated by the board pursuant to this article. (b) State the reason for proposing the annexation. (c) Set forth a description of the area proposed to be annexed, which may be made by reference to a map on file with the secretary of the district which map shall govern for all details as to the extent of the area proposed to be annexed. (d) State the terms and conditions of the annexation. (e) State that the holders of title to any of the land sought to be annexed may file written protests with the secretary to the annexation or the annexation upon such terms and conditions. (f) Fix the time and place of a meeting at which the board will receive written protests theretofore filed with the secretary, receive additional written protests, and hear from any and all persons interested in the annexation. (Added by Stats. 1963, Ch. 156.) - 72702. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. )
The resolution proposing annexation must be published before the hearing in at least one newspaper printed and published in the district, if such a newspaper exists.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 72702. The text of the resolution proposing annexation shall be published, pursuant to Section 6066 of the Government Code, prior to the time of hearing in at least one newspaper printed and published in the district, if there is a newspaper published and printed in the district. (Added by Stats. 1963, Ch. 156.) - 72703. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. )
A copy of the resolution proposing annexation must be posted in six public places before the hearing.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 72703. A copy of the resolution proposing annexation shall also be posted in three public places within the improvement district and three public places in the area proposed to be annexed at least two weeks prior to the hearing. (Added by Stats. 1963, Ch. 156.) - 72704. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. )
The board must hold the hearing at the fixed time and place, may continue it if needed, and interested persons will be heard.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 72704. The board shall proceed with the hearing at the time and place fixed therefor and may continue the hearing, if need be, from time to time. All interested persons will be heard at the hearing. (Added by Stats. 1963, Ch. 156.) - 72705. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. )
If qualifying written protests are filed, the board must stop the annexation and refuse it by resolution.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 72705. If written protests are filed by the holders of title of one-half of the value of the territory proposed to be annexed as shown by the last equalized assessment roll of each county in which the territory is situated, further proceedings shall not be taken, and the board shall refuse the annexation by a resolution so stating. (Added by Stats. 1963, Ch. 156.) - 72706. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. )
The board may approve an annexation by resolution if no sufficient written protest is made and the board finds the annexation benefits the area and district without injury.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 72706. If written protest is not made by the owners of one-half of the value of the territory proposed to be annexed, and if, at the conclusion of the hearing, the board finds and determines from the evidence presented at the hearing that the area proposed to be annexed to an improvement district will be benefited thereby, and that the improvement district to which the area proposed to be annexed will also be benefited thereby and will not be injured thereby, the board may, by resolution, approve such annexation. The resolution shall describe the territory annexed, which may be by reference to a map on file with the secretary, which map shall govern for all details as to the extent of the annexed area. The resolution shall also state the terms and conditions of annexation as theretofore determined by resolution of the board. (Added by Stats. 1963, Ch. 156.) - 72707. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. )
If the board finds the proposed annexation would not benefit the area or would not benefit and would injure the improvement district, it must disapprove the annexation by resolution.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 72707. If the board finds and determines that either the area proposed to be annexed to the improvement district will not be benefited thereby or that the improvement district to which the area is proposed to be annexed will not be benefited thereby and will be injured thereby, the board shall by resolution disapprove such annexation. (Added by Stats. 1963, Ch. 156.) - 72708. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. )
After the resolution approving annexation is adopted, the described area becomes part of the improvement district.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 72708. From and after the date of the adoption of the resolution approving the annexation, the area described therein is added to and forms a part of the improvement district. (Added by Stats. 1963, Ch. 156.) - 72709. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. )
Taxable property in an annexed area is subject to taxation after annexation for improvement-district purposes, including payment of outstanding principal and interest on bonds and other obligations.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 72709. The taxable property in the annexed area shall be subject to taxation after the annexation thereof for the purposes of the improvement district, including the payment of the principal of and interest on bonds and other obligations of the improvement district authorized and outstanding at the time of the annexation. If the terms and conditions established by the board specifically so provide, the taxable property in the annexed area shall be subject to taxation as if the annexed property had always been a part of the improvement district. (Amended by Stats. 1969, Ch. 71.) - 72710. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. )
The board may do what is necessary to enforce and give effect to the annexation terms and conditions it sets.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 72710. The board may do all things necessary to enforce and make effective the terms and conditions of annexation fixed by it. (Added by Stats. 1963, Ch. 156.) - 72711. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. )
A challenge to an annexation to an improvement district must be filed within three months after the board resolution approving it.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Inclusion of Territory [72670 - 72711] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Inclusion Proceedings Initiated by the Board [72700 - 72711] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 72711. Any action or proceeding in which the validity of an annexation to an improvement district pursuant to this article is contested, questioned, or denied shall be commenced within three months after the date of the resolution of the board approving the annexation of the territory to an improvement district; otherwise, the annexation shall be held valid and in every respect legal and incontestable. (Added by Stats. 1963, Ch. 156.) - 72730. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Dissolution of Improvement Districts [72730 - 72738] ( Chapter 2 added by Stats. 1963, Ch. 156. )
If the board decides it is necessary to dissolve an improvement district, it must do so by resolution declaring that intention.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Dissolution of Improvement Districts [72730 - 72738] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 72730. Notwithstanding the provisions of Section 72738, whenever the board deems it necessary for any improvement district formed pursuant to this division to be dissolved, it shall by resolution declare its intention to dissolve the improvement district. As used in this chapter, “improvement district” includes an uninhabited improvement district formed pursuant to Chapter 4 (commencing with Section 71920) of Part 7 of this division. (Amended by Stats. 1963, Ch. 1151.) - 72731. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Dissolution of Improvement Districts [72730 - 72738] ( Chapter 2 added by Stats. 1963, Ch. 156. )
The resolution of intention must state the reasons for dissolving the improvement district and include specified status information, a filed map, and the time and place of a board hearing.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Dissolution of Improvement Districts [72730 - 72738] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 72731. The resolution of intention shall state: (a) The reason why the improvement district should be dissolved. (b) If the improvement district was formed pursuant to Chapter 3 (commencing with Section 71870) or Chapter 4 (commencing with Section 71920) of Part 7 of this division, that no bonds have been issued for the improvement district or are outstanding. (c) If the improvement district was formed pursuant to Part 8 (commencing with Section 72000) of this division, that no indebtedness or liability was incurred for the improvement district or is outstanding. (d) That a map showing the exterior boundaries of the improvement district, with relation to the territory immediately contiguous thereto, is on file with the secretary and is available for inspection by any person or persons interested. (e) The time and place for a hearing by the board on the question of the dissolution of the improvement district. (f) That at such time and place any person interested, including all persons owning property in the district or in the improvement district will be heard. (Added by Stats. 1963, Ch. 156.) - 72732. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Dissolution of Improvement Districts [72730 - 72738] ( Chapter 2 added by Stats. 1963, Ch. 156. )
Notice of the hearing must be given by publishing and posting the resolution before the hearing.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Dissolution of Improvement Districts [72730 - 72738] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 72732. Notice of the hearing shall be given by publishing a copy of the resolution, pursuant to Section 6066 of the Government Code, prior to the time fixed for the hearing in a newspaper circulated in the district, if there is a newspaper circulated in the district. Such notice shall also be given by posting a copy of the resolution in three public places within the improvement district for at least two weeks before the time fixed for the hearing. (Added by Stats. 1963, Ch. 156.) - 72733. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Dissolution of Improvement Districts [72730 - 72738] ( Chapter 2 added by Stats. 1963, Ch. 156. )
The board must proceed with the hearing at the scheduled time and place, or at any adjourned time or place. Interested persons, including property owners in the district or improvement district, may appear at the hearing and present matters relevant to the proposed dissolution.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Dissolution of Improvement Districts [72730 - 72738] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 72733. At the time and place fixed in the resolution of intention, or at any time or place to which the hearing is adjourned, the board shall proceed with the hearing. At the hearing any person interested, including all persons owning property in the district, or in the improvement district, may appear and present any matters material to the proposed dissolution. (Added by Stats. 1963, Ch. 156.) - 72734. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Dissolution of Improvement Districts [72730 - 72738] ( Chapter 2 added by Stats. 1963, Ch. 156. )
After the hearing, the board must decide by ordinance whether the improvement district should be dissolved.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Dissolution of Improvement Districts [72730 - 72738] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 72734. At the conclusion of the hearing, the board shall by ordinance determine whether it is necessary to dissolve the improvement district. If so, the ordinance shall state that the exterior boundaries of the improvement district are set forth on a map on file with the secretary and shall declare the improvement district dissolved. The determinations made in the ordinance shall be final and conclusive. (Added by Stats. 1963, Ch. 156.) - 72735. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Dissolution of Improvement Districts [72730 - 72738] ( Chapter 2 added by Stats. 1963, Ch. 156. )
An improvement district’s dissolution is complete when the ordinance declaring it dissolved becomes effective.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Dissolution of Improvement Districts [72730 - 72738] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 72735. When the ordinance declaring an improvement district dissolved becomes effective, the dissolution of such improvement district is complete. (Added by Stats. 1963, Ch. 156.) - 72736. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Dissolution of Improvement Districts [72730 - 72738] ( Chapter 2 added by Stats. 1963, Ch. 156. )
Property in a dissolved improvement district remains taxable for district indebtedness until the debt is paid off.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Dissolution of Improvement Districts [72730 - 72738] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 72736. The taxable property within the boundaries of the dissolved improvement district shall continue to be taxed for any indebtedness of the district contracted for such dissolved improvement district until the indebtedness has been satisfied, to the same extent that such property would be taxable for such purpose if the dissolution had not occurred. (Added by Stats. 1963, Ch. 156.) - 72737. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Dissolution of Improvement Districts [72730 - 72738] ( Chapter 2 added by Stats. 1963, Ch. 156. )
A challenge to the validity of an improvement district dissolution must be started within three months after the ordinance’s effective date.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Dissolution of Improvement Districts [72730 - 72738] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 72737. Any action or proceeding in which the validity of the dissolution of an improvement district, or of any of the proceedings in relation thereto, is contested, questioned, or denied shall be commenced within three months from the effective date of the ordinance dissolving the improvement district; otherwise, the dissolution of the improvement district and, all proceedings in relation thereto, shall be held to be valid and in every respect legal and incontestable. (Added by Stats. 1963, Ch. 156.) - 72738. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Dissolution of Improvement Districts [72730 - 72738] ( Chapter 2 added by Stats. 1963, Ch. 156. )
If a bond election in an improvement district fails by less than two-thirds, the board may hold one more election within a year to resubmit the measure; otherwise the district is dissolved.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Dissolution of Improvement Districts [72730 - 72738] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 72738. After a bond election has been held in an improvement district formed pursuant to Chapter 3 (commencing with Section 71870) of Part 7 of this division and less than two-thirds of the votes cast in such election were in favor of the measure the board may within one year of the date of such election call and hold another election as provided in Part 7 of this division for the purpose of resubmitting said measure to the electors of said improvement district. If said measure is not so resubmitted said improvement district, on the anniversary date of the election, is dissolved without further action by the board. If said measure is resubmitted and fails to receive more than two-thirds of the votes cast in such election in favor of said measure said improvement district is dissolved following the canvass of the election returns. (Added by Stats. 1963, Ch. 1151.) - 72740. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. )
Certain improvement districts may be consolidated if they meet the stated conditions.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. ) ## 72740. Two or more improvement districts formed for a purpose other than the incurring of bonded indebtedness, whose powers and purposes are limited to those specified in Article 3 (commencing with Section 71680) of Chapter 3 of Part 5, and which are portions of the same district, may be consolidated for a purpose other than the incurring of bonded indebtedness, as provided in this chapter, whether their boundaries are contiguous or not. (Added by Stats. 1986, Ch. 555, Sec. 4. Effective August 22, 1986.) - 72740.1. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. )
If the board wants to consolidate two or more improvement districts, it must adopt a resolution of intention covering the required topics.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. ) ## 72740.1. Whenever the board intends to consolidate two or more improvement districts in accordance with this chapter, the board shall adopt a resolution of intention which states all of the following: (a) The board intends to consolidate the improvement districts. (b) The purpose for which the improvement districts are to be consolidated. (c) The estimated expense of carrying out that purpose. (d) Taxes for carrying out that purpose will be levied exclusively upon the taxable property in the consolidated improvement district. (e) The board’s determination as to the apportionment to the land in the respective improvement districts to be consolidated of any outstanding indebtedness and liabilities as it deems equitable. (f) The taxable property within the boundaries of each participating improvement district shall continue to be taxed and assessed for any indebtedness and liabilities of the district contracted for that participating improvement district to the same extent that the property would be taxable and assessable for that purpose if the consolidation did not occur. (g) A map showing the exterior boundaries of the proposed consolidated improvement district, with relation to the territory immediately contiguous thereto, is on file with the secretary and is available for inspection by any person or persons interested. (h) The time and place for a hearing by the board on the questions of the consolidation and extent of the proposed consolidated improvement district, the purpose for which the improvement districts is to be consolidated, the estimated expense of carrying out that purpose, and the board’s determination as to the apportionment of any outstanding indebtedness and liabilities in the respective improvement districts to be consolidated. (i) The fact that at the hearing any person interested, including all persons owning property in the district or in the proposed consolidated improvement district, may be heard. (Added by Stats. 1986, Ch. 555, Sec. 4. Effective August 22, 1986.) - 72740.2. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. )
Before the hearing, notice must be published and posted in specified ways.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. ) ## 72740.2. Notice of the hearing shall be given by publishing a copy of the resolution of intention, pursuant to Section 6066 of the Government Code, prior to the time fixed for the hearing, in a newspaper circulated in the improvement districts to be consolidated. The notice shall also be given by posting a copy of the resolution of intention in three public places within each of the improvement districts to be consolidated for at least two weeks before the time fixed for the hearing. (Added by Stats. 1986, Ch. 555, Sec. 4. Effective August 22, 1986.) - 72740.3. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. )
The board must hold the hearing at the stated time and place, or when it has been adjourned. Interested persons, including property owners in the affected districts, may appear and present material matters at the hearing.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. ) ## 72740.3. At the time and place fixed in the resolution of intention, or at any time or place to which the hearing is adjourned, the board shall proceed with the hearing. At the hearing, any person interested, including any person owning property in each improvement district or in the proposed consolidated improvement district, may appear and present any matters material to the questions set forth in the resolution of intention. (Added by Stats. 1986, Ch. 555, Sec. 4. Effective August 22, 1986.) - 72740.4. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. )
If the board decides consolidation is necessary after the hearing, it must adopt a consolidation resolution covering the required items.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. ) ## 72740.4. At the conclusion of the hearing, if the board determines that it is necessary to consolidate the improvement districts, the board shall adopt a resolution of consolidation which states all of the following: (a) The board deems it necessary to consolidate the improvement districts. (b) The purpose for which the improvement districts are to be consolidated. (c) The estimated expense of carrying out that purpose. (d) Taxes for carrying out that purpose will be levied exclusively upon the taxable property in the consolidated improvement district. (e) The board’s determination as to the apportionment to the land in the respective improvement districts to be consolidated of any outstanding indebtedness and liabilities as it deems equitable. (f) The taxable property within the boundaries of each participating improvement district shall continue to be taxed and assessed for any indebtedness and liabilities of the district contracted for that participating improvement district, to the same extent that the property would be taxable and assessable for that purpose if the consolidation had not occurred. (g) The exterior boundaries of the consolidated improvement district are set forth on a map on file with the secretary, which map shall govern all details as to the extent of the consolidated improvement district. (h) The portion of the district set forth on the map shall thereupon constitute and be known as “Improvement District (A, B, C, or other letter designation) ____ of ____ Municipal Water District.” (Added by Stats. 1986, Ch. 555, Sec. 4. Effective August 22, 1986.) - 72740.5. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. )
A consolidation resolution must be published in a newspaper and posted in three public places in each consolidated improvement district for at least two weeks.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. ) ## 72740.5. A copy of the resolution of consolidation shall be published, pursuant to Section 6066 of the Government Code, in a newspaper circulated in the improvement districts being consolidated. A copy of the resolution shall also be posted in three public places within each of the improvement districts being consolidated for at least two weeks. (Added by Stats. 1986, Ch. 555, Sec. 4. Effective August 22, 1986.) - 72740.6. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. )
A consolidation resolution’s determinations are final and conclusive, and the resolution takes effect on the 91st day after publication and posting are completed.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. ) ## 72740.6. The determinations made in the resolution of consolidation shall be final and conclusive, and the resolution of consolidation shall be effective on the 91st day after completion of the publication and posting. (Added by Stats. 1986, Ch. 555, Sec. 4. Effective August 22, 1986.) - 72740.7. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. )
After a consolidation is completed, a certified statement of consolidation must be filed with the Secretary of State.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. ) ## 72740.7. Upon completion of the consolidation, a statement of consolidation, certified by the secretary of the district, shall be filed with the Secretary of State. (Added by Stats. 1986, Ch. 555, Sec. 4. Effective August 22, 1986.) - 72740.8. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. )
After consolidation, taxes for the district’s purpose must be levied only on property in the consolidated improvement district, while property in each participating district remains taxable for its own pre-existing indebtedness and liabilities.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. ) ## 72740.8. After the consolidation of the improvement districts pursuant to this chapter, all taxes levied for the carrying out of its purpose shall be levied exclusively upon the taxable property in the consolidated improvement district. The taxable property within the boundaries of each participating improvement district shall continue to be taxed for any indebtedness and liabilities of the district contracted for that participating improvement district, to the same extent that the property would be taxable for that purpose if the consolidation had not occurred. (Added by Stats. 1986, Ch. 555, Sec. 4. Effective August 22, 1986.) - 72740.9. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. )
When improvement districts are consolidated, the new consolidated district takes over their rights, privileges, functions, and property, and it remains subject to their apportioned debt and the same limits on taxes, fees, and assessments.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. ) ## 72740.9. When consolidated, the consolidated improvement district, under the name specified for it in the resolution of consolidation, succeeds to all of the rights, privileges, functions, and properties of all of the improvement districts participating in the consolidation, is subject to all of their indebtedness as respectively apportioned, and is subject to the same limitations that are applicable to each participating improvement district to levy taxes and to impose fees and assessments, within their respective areas. (Added by Stats. 1986, Ch. 555, Sec. 4. Effective August 22, 1986.) - 72741. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. )
When an improvement district is consolidated, it has the powers of the division and is governed by its provisions, except where this chapter says otherwise.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. ) ## 72741. When consolidated, the consolidated improvement district possesses all of the powers of, is governed by, and is subject to all of the provisions of this division, except as otherwise provided in this chapter, as though originally formed pursuant to Part 8 (commencing with Section 75350). (Added by Stats. 1986, Ch. 555, Sec. 4. Effective August 22, 1986.) - 72741.1. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. )
This section says a consolidation does not impair creditors’ rights, and creditors may enforce those rights against and through the consolidated improvement district.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. ) ## 72741.1. Nothing contained in this chapter shall impair the rights of creditors of an improvement district participating in the consolidation, and each creditor may enforce against and through the consolidated improvement district all the creditor’s rights against any improvement district participating in the consolidation in the same manner and with the same effect, except for the substitution of the consolidated improvement district for the improvement district participating in the consolidation, as if the consolidation had never been effected. (Added by Stats. 1986, Ch. 555, Sec. 4. Effective August 22, 1986.) - 72741.2. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. )
Challenges to the consolidation of improvement districts must be started within three months of the resolution’s effective date.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11. CHANGES IN ORGANIZATION OF IMPROVEMENT DISTRICTS [72670 - 72741.2] ( Part 11 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Consolidation of Improvement Districts [72740 - 72741.2] ( Chapter 3 added by Stats. 1986, Ch. 555, Sec. 4. ) ## 72741.2. Any action or proceeding in which the validity of the consolidation of the improvement districts, or of any of the proceedings in relation thereto, is contested, questioned, or denied, shall be commenced within three months from the effective date of the resolution of consolidation; otherwise, the consolidation of the improvement districts and all proceedings in relation thereto, shall be held to be valid and in every respect legal and incontestable. (Added by Stats. 1986, Ch. 555, Sec. 4. Effective August 22, 1986.) - 72750. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11.5. MARIN MUNICIPAL WATER DISTRICT [72750 - 72760] ( Part 11.5 added by Stats. 1971, Ch. 771. ) ## CHAPTER 1. Supplemental Water Supplies [72750- 72750.] ( Chapter 1 added by Stats. 1971, Ch. 771. )
The Marin Municipal Water District may take listed actions to carry out water acquisition, storage, transportation, and distribution for the district.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11.5. MARIN MUNICIPAL WATER DISTRICT [72750 - 72760] ( Part 11.5 added by Stats. 1971, Ch. 771. ) ## CHAPTER 1. Supplemental Water Supplies [72750- 72750.] ( Chapter 1 added by Stats. 1971, Ch. 771. ) ## 72750. The Marin Municipal Water District, in addition to or in conjunction with any provision of this division, may do any of the following in order to implement the acquisition, storage, transportation, and distribution of water for such district: (a) Fix such rates for water in the district, and in each improvement district therein, as will result in revenues which will pay the amounts payable by the district without limitation, pursuant to contracts or leases entered into by the district. (b) Contract with any person, political subdivision, public corporation or agency, for the purchase of water and water supply, or for the right to use, or for capacity in, all or any part of water storage, transportation, or distribution facilities, existing waterworks or a waterworks system. (c) Lease from any person, political subdivision, public corporation or agency, with the privilege of purchasing or otherwise, all or any part of, or the right to use, or for capacity in, all or any part of water storage, transportation, or distribution facilities, existing waterworks, or a waterworks system. (Added by Stats. 1971, Ch. 771.) - 72755. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11.5. MARIN MUNICIPAL WATER DISTRICT [72750 - 72760] ( Part 11.5 added by Stats. 1971, Ch. 771. ) ## CHAPTER 2. Taxes and Other Revenues [72755- 72755.] ( Chapter 2 added by Stats. 1971, Ch. 771. )
If district revenues are or are likely to be insufficient, the board must levy a tax to cover the deficit and debt amounts due.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11.5. MARIN MUNICIPAL WATER DISTRICT [72750 - 72760] ( Part 11.5 added by Stats. 1971, Ch. 771. ) ## CHAPTER 2. Taxes and Other Revenues [72755- 72755.] ( Chapter 2 added by Stats. 1971, Ch. 771. ) ## 72755. If the revenues of the district, or of any improvement district therein, are, or in the judgment of the board will probably be, inadequate for any cause to pay the principal of, or interest on, any bonded debt of the district, or any improvement district thereof, as it becomes due and also the amounts set forth in Section 71616, and also any amounts pursuant to contracts or leases referred to in this part applicable to the Marin Municipal Water District, the board shall cause a tax to be levied, sufficient to provide for such deficit and to pay the amount of such principal and interest that will become due before the proceeds of a tax levied at the next general tax levy will be available. (Added by Stats. 1971, Ch. 771.) - 72760. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11.5. MARIN MUNICIPAL WATER DISTRICT [72750 - 72760] ( Part 11.5 added by Stats. 1971, Ch. 771. ) ## CHAPTER 3. Elections [72760- 72760.] ( Chapter 3 added by Stats. 1971, Ch. 771. )
The Marin Municipal Water District cannot take on debt or liability above that year’s income or revenue unless district voters approve it at an election.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11.5. MARIN MUNICIPAL WATER DISTRICT [72750 - 72760] ( Part 11.5 added by Stats. 1971, Ch. 771. ) ## CHAPTER 3. Elections [72760- 72760.] ( Chapter 3 added by Stats. 1971, Ch. 771. ) ## 72760. The Marin Municipal Water District in Marin County shall not exercise any powers under this part by which the district incurs an indebtedness or liability exceeding in any year the income or revenue for that year, without the approval of a majority of the voters of the district voting at an election held within the district for that purpose. The election may be combined with any other election held within the district. If a majority of the votes cast at the election is in favor of the proposition, the county elections official shall immediately cause to be filed with the Secretary of State a certificate reciting that fact. Notwithstanding any provision of law to the contrary, Article 3 (commencing with Section 9160) of Chapter 2 of Division 9 of the Elections Code shall apply to that election. (Amended by Stats. 1994, Ch. 923, Sec. 266. Effective January 1, 1995.) - 72770. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11.6. Central Basin Municipal Water District [72770- 72770.] ( Part 11.6 added by Stats. 2016, Ch. 426, Sec. 2. )
Board ethics, compensation, or benefits actions need two-thirds affirmative votes to pass or take effect.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 11.6. Central Basin Municipal Water District [72770- 72770.] ( Part 11.6 added by Stats. 2016, Ch. 426, Sec. 2. ) ## 72770. Notwithstanding Section 71274, no ordinance, motion, or resolution relating to the ethics, compensation, or benefits of the members of the Central Basin Municipal Water District board of directors shall be passed or become effective without the affirmative votes of two-thirds of the members of the board. (Added by Stats. 2016, Ch. 426, Sec. 2. (SB 953) Effective January 1, 2017.) - 73000. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 12. REPEALS [73000 - 73001] ( Part 12 added by Stats. 1963, Ch. 156. )
Chapter 671 of the Statutes of 1911 is repealed.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 12. REPEALS [73000 - 73001] ( Part 12 added by Stats. 1963, Ch. 156. ) ## 73000. Chapter 671 of the Statutes of 1911 is repealed. (Added by Stats. 1963, Ch. 156.) - 73001. Verify source ↗
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 12. REPEALS [73000 - 73001] ( Part 12 added by Stats. 1963, Ch. 156. )
This repeal cannot be read to take away substantial rights from any district, person, or other entity.
## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 12. REPEALS [73000 - 73001] ( Part 12 added by Stats. 1963, Ch. 156. ) ## 73001. The repeal effected by this part shall not be construed to deprive any district or person or any other entity of any substantial right which would have existed or hereafter exists had such repeal not been effected. (Added by Stats. 1963, Ch. 156.) - 73500. Verify source ↗
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. )
This section names the division the Wholesale Regional Water System Security and Reliability Act.
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. ) ## 73500. This division shall be known as and may be cited as the Wholesale Regional Water System Security and Reliability Act. (Added by Stats. 2002, Ch. 841, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2036, pursuant to Section 73514.) - 73501. Verify source ↗
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. )
This section defines key terms used in Division 20.5, including the Association, Bay area regional water system, Bay area wholesale customers, City, Master water sales contract, Regional water system, Regional wholesale water supplier, and Wholesale customers.
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. ) ## 73501. (a) Unless the context otherwise requires, the definitions set forth in this section govern the construction of this division. (b) “Association” means the San Francisco Bay Area Water Users Association. (c) “Bay area regional water system” means the facilities for the storage, treatment, and transmission of water located in the Counties of Tuolumne, Stanislaus, San Joaquin, Alameda, Santa Clara, and San Mateo, together with three terminal reservoirs in the city. (d) “Bay area wholesale customers” means the 25 public agencies in the Counties of San Mateo, Alameda, and Santa Clara that purchase water from the city pursuant to the master water sales contract, including the Alameda County Water District, the City of Brisbane, the City of Burlingame, the Coastside County Water District, the City of Daly City, the City of East Palo Alto, the Estero Municipal Improvement District, Guadalupe Valley Municipal Improvement District, City of Hayward, the Town of Hillsborough, the City of Menlo Park, the Mid-Peninsula Water District, the City of Millbrae, the City of Milpitas, the City of Mountain View, the North Coast County Water District, the City of Palo Alto, the Purissima Hills Water District, the City of Redwood City, the City of San Bruno, the City of San Jose, the City of Santa Clara, the Skyline County Water District, the City of Sunnyvale, and the Westborough Water District, Stanford University, the California Water Service Company, and the Cordilleras Mutual Water Association. (e) “City” means the City and County of San Francisco. (f) “Master water sales contract” means the agreement entitled “Settlement Agreement and Master Water Sales Contract between the City and County of San Francisco and Certain Suburban Purchasers” entered into in 1984 by the city and the wholesale customers. (g) “Regional water system” means facilities for the storage, treatment, and transmission of water owned and operated by a regional wholesale water supplier, other than the city. (h) “Regional wholesale water supplier” means any city, county, or city and county, including the city, that operates a regional water system, and furnishes water on a wholesale basis to local government agencies and public utilities that, in turn, supply water to a combined population of 1.5 million or more residents of geographic areas outside the boundary of the regional wholesale water supplier. (i) “Wholesale customers” means local government agencies and public utilities, including, but not limited to, the bay area wholesale customers, that purchase water from a regional wholesale water supplier and distribute that water to retail customers in their respective service areas. (Amended by Stats. 2007, Ch. 52, Sec. 1. Effective January 1, 2008. Repealed as of January 1, 2036, pursuant to Section 73514.) - 73502. Verify source ↗
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. )
The city must adopt, submit, and maintain a capital improvement program for the bay area regional water system, with required project milestones, financing, reporting, and notice rules.
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. ) ## 73502. (a) The city, on or before February 1, 2003, shall adopt the program of capital improvement projects designed to restore and improve the bay area regional water system that are described in the capital improvement program report prepared by the San Francisco Public Utilities Commission dated February 25, 2002. A copy of the program shall be submitted, on or before March 1, 2003, to the State Water Resources Control Board. The program shall include a schedule for the completion of design and award of contract, and commencement and completion of construction of each described project. The schedule shall require that projects representing 50 percent of the total program cost be completed on or before 2010 and that projects representing 100 percent of the total program cost be completed on or before 2015. The program shall also contain a financing plan. The city shall review and update the program, as necessary, based on changes in the schedule set forth in the plan adopted pursuant to subdivision (d). (b) The plan shall require completion of the following projects: Project Location Project Identification Number 1. Irvington Tunnel Alternative Alameda/Santa Clara Counties 9970 2. Crystal Springs Pump Station & Pipeline San Mateo County 201671 3. BDPL 1 & 2-Repair of Caissons/Pipe Bridge Alameda/San Mateo Counties 99 4. BDPL Pipeline Upgrades at Hayward Fault Alameda County 128 5. Calaveras Fault Crossing Upgrade Alameda County 9897 6. Crystal Springs Bypass Pipeline San Mateo County 9891 7. BDPL Cross Connections 3 & 4 Alameda/Santa Clara Counties 202339 8. Conveyance Capacity West of Irvington Tunnel Alameda/Santa Clara/San Mateo Counties 201441 9. Calaveras Dam Seismic Improvements Alameda County 202135 (c) The city shall submit a report to the Joint Legislative Audit Committee, the Alfred E. Alquist Seismic Safety Commission, and the State Water Resources Control Board, on or before September 1 of each year, describing the progress made on the implementation of the capital improvement program for the bay area regional water system during the previous fiscal year. The city shall identify in the report any project that is behind schedule, and, for each project so identified, shall describe the city’s plan and timeline for either making up the delay or adopting a revised schedule pursuant to subdivision (d). (d) (1) The city may determine that completion dates for projects contained in the capital improvement program adopted pursuant to subdivision (a), including those projects described in subdivision (b), should be delayed or that different projects should be constructed. (2) The city shall provide written notice, not less than 30 days before the date of a meeting of the city agency responsible for management of the bay area regional water system, that a change in the program is to be considered. The notice shall include information about the reason for the proposed change and the availability of materials related to the proposed change. All bay area wholesale customers shall be permitted to testify or otherwise submit comments at the meeting. (3) If the city adopts a change in the program that deletes one or more projects from the program, or postpones the scheduled completion dates, the city shall promptly furnish a copy of that change and the reasons for that change to the State Water Resources Control Board and the Alfred E. Alquist Seismic Safety Commission. The State Water Resources Control Board and the Alfred E. Alquist Seismic Safety Commission shall each submit written comments with regard to the significance of that change with respect to public health and safety to the city and the Joint Legislative Audit Committee not later than 120 days after the date on which those entities received notice of that change. (Amended by Stats. 2015, Ch. 303, Sec. 563. (AB 731) Effective January 1, 2016. Repealed as of January 1, 2036, pursuant to Section 73514.) - 73503. Verify source ↗
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. )
The city must prepare an emergency response plan for restoring water service after an earthquake or other catastrophe, and a regional wholesale water supplier must distribute water equitably during supply interruptions.
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. ) ## 73503. (a) The city, in consultation with the association and the offices of emergency services in Alameda County, Santa Clara County, and San Mateo County, shall prepare an emergency response plan describing how water service will be restored to the area served by the bay area regional water system after an interruption caused by earthquake or other natural or manmade catastrophe, and thereafter shall be implemented. (b) During any interruption in supply caused by earthquake, or other natural or manmade catastrophe, a regional wholesale water supplier shall distribute water to customers on an equitable basis, to the extent feasible given physical damage to the regional water system, without preference or discrimination based on a customer’s geographic location within or outside the boundary of the regional wholesale water supplier. (Amended by Stats. 2010, Ch. 618, Sec. 302. (AB 2791) Effective January 1, 2011. Repealed as of January 1, 2036, pursuant to Section 73514.) - 73504. Verify source ↗
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. )
A regional wholesale water supplier must file an annual report by February 1, and the city must operate its reservoirs and share its reservoir plans under specified conditions.
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. ) ## 73504. (a) Commencing in 2003, a regional wholesale water supplier shall submit a report to the Legislature and the State Water Resources Control Board on or before February 1 of each year, describing the progress made during the previous calendar year on securing supplemental sources of water to augment existing supplies during dry years. (b) In order to supply adequately, dependably, and safely the requirements of all users of water, the city shall continue its practice of operating the reservoirs in the Counties of Tuolumne and Stanislaus in a manner that ensures that the generation of hydroelectric power will not cause any reasonably anticipated adverse impact on water service. The city shall assign higher priority to delivery of water to the bay area than to the generation of electric power, unless the Secretary of the Interior, in writing, notifies the city that doing so would violate the Raker Act (63 P.L. 41). The city shall make available to the public, on request, its plans of operations (rule curves) for these reservoirs. (c) The city shall be deemed to be a local public agency for the purposes of Article 4 (commencing with Section 1810) of Chapter 11 of Part 2 of Division 2. (Amended by Stats. 2024, Ch. 203, Sec. 2. (AB 2962) Effective January 1, 2025. Repealed as of January 1, 2036, pursuant to Section 73514.) - 73505. Verify source ↗
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. )
The State Department of Health Services must audit the city’s maintenance program for the bay area regional water system and report its findings and recommendations to specified recipients.
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. ) ## 73505. The State Department of Health Services shall conduct an audit, or arrange for an audit to be performed by contract, of the city’s program of maintenance of the bay area regional water system prior to July 1, 2004. The audit shall include both of the following: (a) A review of the adequacy of the city’s procedures and resources for all of the following: (1) Identifying needed maintenance. (2) Planning, budgeting, scheduling, and completing maintenance. (3) Recordkeeping of maintenance activities. (b) A field investigation of the major facilities of the bay area regional water system to determine the general condition of those facilities and the adequacy of existing maintenance efforts. (c) The State Department of Health Services shall submit a report to the city, the Joint Legislative Audit Committee, and the Seismic Safety Commission on its findings and recommendations based on the audit on or before January 1, 2005. (Added by Stats. 2002, Ch. 841, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2036, pursuant to Section 73514.) - 73506. Verify source ↗
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. )
The State Department of Health Services must audit certain regional water systems and report the findings to the Legislature by February 1, 2006.
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. ) ## 73506. The State Department of Health Services shall conduct an audit of the regional water systems operated by all regional wholesale water suppliers, other than the city, subject to this division and shall submit to the Legislature a report thereon on or before February 1, 2006. (Added by Stats. 2002, Ch. 841, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2036, pursuant to Section 73514.) - 73508. Verify source ↗
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. )
If the city and certain public-agency wholesale customers form a qualifying special district, the city’s obligations under this division apply to that district, and the city is relieved of those obligations once ownership and control of the regional water system transfer to the district.
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. ) ## 73508. If the city and the bay area wholesale customers that are public agencies form a special district with authority and responsibility to own, operate, and manage the bay area regional water system and whose governing board’s composition reflects the proportionate use of water delivered by the bay area regional water system within the city and within the aggregate geographic area served by the bay area wholesale customers, the obligations imposed on the city by this division shall be applicable to that district. The city shall be relieved of all obligations under this division at the time the ownership and control of the bay area regional water system are transferred to that district. (Added by Stats. 2002, Ch. 841, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2036, pursuant to Section 73514.) - 73510. Verify source ↗
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. )
The State Water Resources Control Board must ensure the Bay Area regional water system complies with the California Safe Drinking Water Act and relevant EPA guidelines.
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. ) ## 73510. Notwithstanding Section 116500 of the Health and Safety Code, the State Water Resources Control Board shall ensure that the bay area regional water system is operated in compliance with the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12 of Division 104 of the Health and Safety Code) and the guidelines established by the United States Environmental Protection Agency for the purposes of administering the comparable provisions of the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.). (Amended by Stats. 2025, Ch. 67, Sec. 186. (AB 1170) Effective January 1, 2026. Repealed as of January 1, 2036, pursuant to Section 73514.) - 73511. Verify source ↗
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. )
A qualifying special district may receive state funds to protect the bay area regional water system from seismic risk.
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. ) ## 73511. A special district composed of some or all of the bay area wholesale customers may receive state funds for the purpose of protecting the bay area regional water system against seismic risk, without regard to whether the city is a member of that district. (Added by Stats. 2002, Ch. 841, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2036, pursuant to Section 73514.) - 73512. Verify source ↗
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. )
Regional wholesale water suppliers and certain wholesale customers must reimburse specified public costs and shares of those costs.
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. ) ## 73512. A regional wholesale water supplier shall reimburse the state for all costs incurred by the State Department of Public Health or the Seismic Safety Commission in carrying out the duties imposed by this division. The bay area wholesale customers shall reimburse the city for their share of those costs as provided in the master water sales contract. The wholesale customers of regional wholesale water suppliers other than the city are responsible for reimbursing the regional wholesale water supplier for their proportionate share of those costs, through the imposition of water charges. (Amended by Stats. 2008, Ch. 99, Sec. 4. Effective January 1, 2009. Repealed as of January 1, 2036, pursuant to Section 73514.) - 73513. Verify source ↗
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. )
This section says the division does not change the rights and obligations of the city, the Modesto Irrigation District, or the Turlock Irrigation District as between themselves.
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. ) ## 73513. Nothing in this division affects the rights and obligations of the city, the Modesto Irrigation District, or the Turlock Irrigation District, as between themselves, whether arising from statute or contract. (Added by Stats. 2002, Ch. 841, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2036, pursuant to Section 73514.) - 73513.5. Verify source ↗
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. )
This section says nothing in the division changes the governance, control, or ownership of the bay area regional water system.
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. ) ## 73513.5. Nothing in this division changes the governance, control, or ownership of the bay area regional water system. (Added by Stats. 2002, Ch. 841, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2036, pursuant to Section 73514.) - 73514. Verify source ↗
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. )
This division stays in effect until January 1, 2036, and is then repealed unless a later statute enacted before that date deletes or extends the deadline.
## Water Code - WAT ## DIVISION 20.5. WHOLESALE REGIONAL WATER SYSTEM SECURITY AND RELIABILITY ACT [73500 - 73514] ( Division 20.5 added by Stats. 2002, Ch. 841, Sec. 2. ) ## 73514. This division shall remain in effect only until January 1, 2036, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2036, deletes or extends that date. (Amended by Stats. 2024, Ch. 203, Sec. 4. (AB 2962) Effective January 1, 2025. Repealed as of January 1, 2036, by its own provisions. Note: Repeal affects Division 20.5, commencing with Section 73500.) - 74000. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Short Title and General Provisions [74000 - 74001] ( Chapter 1 added by Stats. 1965, Ch. 75. )
This division is named the Water Conservation District Law of 1931 and may be cited by that name.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Short Title and General Provisions [74000 - 74001] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## 74000. This division shall be known and may be cited as the Water Conservation District Law of 1931. (Added by Stats. 1965, Ch. 75.) - 74001. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Short Title and General Provisions [74000 - 74001] ( Chapter 1 added by Stats. 1965, Ch. 75. )
This division must be interpreted liberally to carry out its purposes and intent.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Short Title and General Provisions [74000 - 74001] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## 74001. This division shall be liberally construed to carry out the purposes and intent hereof. (Added by Stats. 1965, Ch. 75.) - 74010. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. )
This chapter governs how the division is to be interpreted unless the context requires otherwise.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 74010. Unless the context otherwise requires, the provisions of this chapter govern the construction of this division. (Added by Stats. 1965, Ch. 75.) - 74011. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. )
A word’s definition also applies to its variants.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 74011. The definition of a word applies to any of its variants. (Added by Stats. 1965, Ch. 75.) - 74012. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. )
“District” means a water conservation district formed under certain listed California water conservation laws or under this division.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 74012. “District” means a water conservation district formed pursuant to the Conservation Act of California (Chapter 332, Statutes of 1919), the Water Conservation Act of 1929 (Chapter 166, Statutes of 1929), the Water Conservation Act of 1931 (Chapter 1020, Statutes of 1931), or this division. (Added by Stats. 1965, Ch. 75.) - 74013. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. )
“Board” means the board of directors of a district.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 74013. “Board” means the board of directors of a district. (Added by Stats. 1965, Ch. 75.) - 74014. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. )
“Principal county” means the county where the district’s lands, or most of them, are located and where the petition to form the district is filed.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 74014. “Principal county” means the county in which the lands within a district or a proposed district, or the greater portion thereof, are situated, and is the county in which the petition for the formation of a district is filed. (Added by Stats. 1965, Ch. 75.) - 74015. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. )
“Affected county” means any county where a district’s land is located.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 74015. “Affected county” means any county in which the land of a district is situated. (Added by Stats. 1965, Ch. 75.) - 74016. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. )
This section defines “Board of supervisors” as the board of supervisors of the principal county.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 74016. “Board of supervisors” means the board of supervisors of the principal county. (Added by Stats. 1965, Ch. 75.) - 74017. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. )
This section defines “President” and “secretary” for a water conservation district.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 74017. “President” means the president of the board of directors of a district and “secretary” means the secretary of the board of directors. (Added by Stats. 1965, Ch. 75.) - 74018. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. )
“Treasurer” means the treasurer of the principal county.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 74018. “Treasurer” means the treasurer of the principal county. (Added by Stats. 1965, Ch. 75.) - 74019. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. )
This section defines “general district election” for water conservation districts.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 1. INTRODUCTORY PROVISIONS [74000 - 74019] ( Part 1 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Definitions [74010 - 74019] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 74019. “General district election” means the election held on the first Tuesday after the first Monday in November of each odd-numbered year, after the organization of the district, at which directors for the district shall be elected to fill the offices of the directors whose terms of office shall then expire, in accordance with the provisions of this division and the Uniform District Election Law. The election shall be called and conducted and the results canvassed, returned, and declared pursuant to the provisions of the Uniform District Election Law. (Amended by Stats. 1965, Ch. 2019.) - 74030. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. General Provisions [74030 - 74033] ( Chapter 1 added by Stats. 1965, Ch. 75. )
A county board of supervisors may organize and establish a water conservation district when the part’s conditions are met, and the district may use powers expressly granted or necessarily implied by the division.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. General Provisions [74030 - 74033] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## 74030. A district may be organized and established by the board of supervisors of any county in this state, as expressly provided in this part, when the conditions stated in this part are found to exist, and may exercise the powers expressly granted in this division, or necessarily implied. (Added by Stats. 1965, Ch. 75.) - 74031. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. General Provisions [74030 - 74033] ( Chapter 1 added by Stats. 1965, Ch. 75. )
A water conservation district may be organized if qualified electors petition in a qualifying watershed area.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. General Provisions [74030 - 74033] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## 74031. A district may be organized upon petition by the qualified electors in an area comprising the whole or a part or parts of one or more watersheds of any stream or streams of water or unnavigable river or rivers, or territory adjacent to such watershed or watersheds, or deriving such area’s water supply, in whole or in part, from such stream or streams, or river or rivers, or the subterranean supply of waters therefrom, for the conservation of the waters of such stream or streams or unnavigable river or rivers. (Added by Stats. 1965, Ch. 75.) - 74032. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. General Provisions [74030 - 74033] ( Chapter 1 added by Stats. 1965, Ch. 75. )
A district may be located entirely in unincorporated territory, partly in unincorporated and partly in incorporated territory, and within one or more counties.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. General Provisions [74030 - 74033] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## 74032. A district may be entirely within unincorporated territory or partly within unincorporated and partly within incorporated territory, and may be within one or more counties. (Added by Stats. 1965, Ch. 75.) - 74033. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. General Provisions [74030 - 74033] ( Chapter 1 added by Stats. 1965, Ch. 75. )
A territory included in a district does not have to be contiguous.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. General Provisions [74030 - 74033] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## 74033. The territory to be included within a district need not be contiguous. (Added by Stats. 1965, Ch. 75.) - 74050. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Formation Petition [74050 - 74056] ( Chapter 2 added by Stats. 1965, Ch. 75. )
A district-formation petition must be signed by at least 20% or 500 qualified electors in the proposed district and presented to the principal county board of supervisors.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Formation Petition [74050 - 74056] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 74050. A petition for the formation of a district, signed by at least 20 percent or 500 of the qualified electors within the proposed district, shall be presented to the board of supervisors of the principal county. The petition shall be presented at a regular meeting of the board of supervisors. (Added by Stats. 1965, Ch. 75.) - 74051. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Formation Petition [74050 - 74056] ( Chapter 2 added by Stats. 1965, Ch. 75. )
An elector living in the proposed district is treated as a qualified elector eligible to sign the formation petition if their name is on the voter register from the last general election or on a register within 30 days before the petition is presented.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Formation Petition [74050 - 74056] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 74051. Any elector residing within the proposed district, whose name appears on the register of voters of the last general election, or on the register of voters at any time within 30 days preceding the presentation of a petition for the formation of a district, shall be deemed to be a qualified elector of the proposed district eligible to sign the petition. (Added by Stats. 1965, Ch. 75.) - 74052. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Formation Petition [74050 - 74056] ( Chapter 2 added by Stats. 1965, Ch. 75. )
A formation petition must describe the proposed district boundaries, ask to organize the district under this division, propose a district name, and request that the board of supervisors divide the district into 3, 5, or 7 divisions after the boundaries are defined and established.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Formation Petition [74050 - 74056] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 74052. The petition shall set forth and particularly describe the proposed boundaries of the district, shall pray that the district be organized under the provisions of this division, and shall propose a name by which the district shall be known. The petition shall also request the board of supervisors, upon its definition and establishment of the proposed boundaries of the district, to divide the district into either three, five, or seven divisions. (Added by Stats. 1965, Ch. 75.) - 74053. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Formation Petition [74050 - 74056] ( Chapter 2 added by Stats. 1965, Ch. 75. )
The petition must be published weekly for at least three weeks before it is presented to the board of supervisors, with a notice of the meeting date.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Formation Petition [74050 - 74056] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 74053. The petition shall be published once a week for at least three weeks before the presentation to the board of supervisors in some newspaper printed and published in the principal county, together with a notice stating the date of the meeting of the board at which the petition will be presented. If any portion of the proposed district lies within another county, or counties, the petition and notice shall be likewise published in a newspaper printed and published in each of such counties. (Added by Stats. 1965, Ch. 75.) - 74054. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Formation Petition [74050 - 74056] ( Chapter 2 added by Stats. 1965, Ch. 75. )
A petition may be made up of multiple separate instruments.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Formation Petition [74050 - 74056] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 74054. The petition may consist of any number of separate instruments, and, when contained upon more than one instrument, one copy only of the petition need be published, but the names of all the petitioners shall be published the same as if appended to the original petition. (Added by Stats. 1965, Ch. 75.) - 74055. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Formation Petition [74050 - 74056] ( Chapter 2 added by Stats. 1965, Ch. 75. )
The board of supervisors must treat copies of a petition filed before the hearing as if they were filed with the original petition first placed on file.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Formation Petition [74050 - 74056] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 74055. All copies of the petition filed prior to the hearing of the petition shall be considered by the board of supervisors the same as though filed with the petition first placed on file. (Added by Stats. 1965, Ch. 75.) - 74056. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Formation Petition [74050 - 74056] ( Chapter 2 added by Stats. 1965, Ch. 75. )
A formation petition may say that district bonds will be paid from assessments on real property, and if it does, the notices must say so too.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Formation Petition [74050 - 74056] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 74056. The petition may include a statement that all bonds of the district and all bonds of any improvement district created therein shall be payable from assessments to be levied upon all real property in the proposed district or in the improvement district created therein. If such a statement is included in the petition, the notice of hearing of the petition and the notice of election for the formation of the district shall so state, and, if the district is formed, all bonds thereafter issued by the district and all bonds of any improvement district organized therein shall be payable from assessments levied upon all real property in district or improvement district, as the case may be, and such real property shall be liable to be taxed for the payment of principal and interest of such bonded indebtedness until the bonds are fully paid. Any such assessment shall be levied in the manner provided in this division. (Added by Stats. 1965, Ch. 75.) - 74070. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Hearing [74070 - 74076] ( Chapter 3 added by Stats. 1965, Ch. 75. )
The board of supervisors must hear a formation petition, may postpone the hearing, and if a continued hearing is set more than 60 days after the continuance order, notice must be published weekly for at least two weeks before the hearing.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Hearing [74070 - 74076] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## 74070. When a formation petition is presented, the board of supervisors shall hear it, and may adjourn the hearing from time to time. If any hearing or continued hearing is continued to a time more than 60 days from the date of the order making the continuance, a notice of the continued hearing shall be published in some newspaper or newspapers printed and published in each of the counties in which any portion of the proposed district lies once a week for at least two weeks immediately prior to the time appointed for the continued hearing. (Added by Stats. 1965, Ch. 75.) - 74071. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Hearing [74070 - 74076] ( Chapter 3 added by Stats. 1965, Ch. 75. )
At the final hearing, the board of supervisors must adjust, define, and establish the proposed district boundaries, and it must not draw the boundaries to exclude benefited territory or include unbenefited land.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Hearing [74070 - 74076] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## 74071. On the final hearing the board of supervisors shall make such changes in the proposed boundaries as may be deemed advisable, and shall define and establish such boundaries. The board of supervisors shall not modify such boundaries so as to exclude from the proposed district any territory which would be benefited by the formation of the district; nor shall any land be included within the proposed district which will not, in the judgment of the board, be benefited by the formation of the district. (Added by Stats. 1965, Ch. 75.) - 74072. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Hearing [74070 - 74076] ( Chapter 3 added by Stats. 1965, Ch. 75. )
A person whose land would benefit from the district may ask to have the land included in the proposed district, if the board of supervisors agrees.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Hearing [74070 - 74076] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## 74072. Any person whose lands would be benefited by the district may, upon his application and in the discretion of the board of supervisors, have such lands included within the proposed district. (Added by Stats. 1965, Ch. 75.) - 74073. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Hearing [74070 - 74076] ( Chapter 3 added by Stats. 1965, Ch. 75. )
When hearing a formation petition, the board of supervisors must decide whether the petition meets the division’s requirements and must hear relevant testimony for and against it.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Hearing [74070 - 74076] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## 74073. Upon the hearing of the formation petition the board of supervisors shall determine whether or not the petition complies with the requirements of this division, and for that purpose shall hear all competent and relevant testimony offered in support thereof or in opposition thereto. (Added by Stats. 1965, Ch. 75.) - 74074. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Hearing [74070 - 74076] ( Chapter 3 added by Stats. 1965, Ch. 75. )
Defects in a formation petition, notice, or signature do not invalidate the proceedings if there are enough qualified signatures.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Hearing [74070 - 74076] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## 74074. No defect in the contents of the formation petition, or in the title to or form of the notice, or signature, shall vitiate any proceedings thereon; provided, such petition or petitions have a sufficient number of qualified signatures attached thereto. (Added by Stats. 1965, Ch. 75.) - 74075. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Hearing [74070 - 74076] ( Chapter 3 added by Stats. 1965, Ch. 75. )
The board of supervisors’ determination must be entered in the board’s minutes.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Hearing [74070 - 74076] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## 74075. The determination of the board of supervisors shall be entered upon the minutes of the board. (Added by Stats. 1965, Ch. 75.) - 74076. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Hearing [74070 - 74076] ( Chapter 3 added by Stats. 1965, Ch. 75. )
If enough landowners or, when Section 74056 applies, real property owners protest before the district is finally formed, the proceeding must be terminated.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Hearing [74070 - 74076] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## 74076. If the board of supervisors finds that protest has been made prior to its final determination for formation of the district, by the owners of land, or by the owners of real property in the event of the applicability of the provisions of Section 74056, within the proposed district the assessed value of which, as shown by the last equalized assessment roll, constitutes more than one-half of the total assessed value of the land or real property, as the case may be, within the proposed district, the proceeding shall terminate. The board of supervisors shall order the proceeding terminated when such protests are received. (Added by Stats. 1965, Ch. 75.) - 74090. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. )
When the proposed district boundaries are set, the board of supervisors must divide the district into three, five, or seven divisions as requested in the formation petition.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 74090. When the boundaries of the proposed district are defined and established by the board of supervisors, it shall make an order dividing the district into three, five, or seven divisions, as requested in the formation petition. Such divisions shall be as nearly equal in area as practicable and shall be numbered consecutively. (Added by Stats. 1965, Ch. 75.) - 74091. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. )
Each division elects one director, and a person must be a qualified district elector and a county resident to qualify for election as director.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 74091. One director, who shall be an elector of the division, shall be elected from each division by vote of the electors of the division in which such director resides. In order to qualify to be elected a director, a person shall be a qualified elector of the district and shall be a resident of the county, or of one of the counties, in which the district is situated. (Added by Stats. 1965, Ch. 75.) - 74092. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. )
After the proposed district is divided into divisions, the board of supervisors must call an election in the proposed district.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 74092. When the order dividing the proposed district into divisions has been made, the board of supervisors shall call an election within the proposed district to determine whether the district shall be formed and also to elect the first board of directors if the district is formed. (Added by Stats. 1965, Ch. 75.) - 74093. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. )
The formation election must be held on the next established election date at least 74 days after the formation petition is filed.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 74093. The formation election shall be held on the next established election date not less than 74 days after the date of filing the formation petition. (Amended by Stats. 1973, Ch. 1146.) - 74094. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. )
The board of supervisors must divide the district into convenient precincts and set a polling place in each precinct.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 74094. The board of supervisors shall divide the district, and the divisions thereof, into convenient precincts and fix a polling place in each precinct. There shall be at least one precinct in each division of the district. (Added by Stats. 1965, Ch. 75.) - 74095. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. )
The board of supervisors must appoint election officers for each precinct, and electors present may fill gaps if the election board fails to appear.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 74095. The board of supervisors shall appoint an inspector, a judge, and two clerks for each of the precincts established to conduct the election. The inspector, judge, and clerks of election in each precinct shall constitute the board of election for such precinct. If the board of election, or any member thereof, fails to appear at the opening of the polls on the morning of the election, the electors of the precinct present at that hour may appoint a board or supply the place of an absent member thereof. (Added by Stats. 1965, Ch. 75.) - 74096. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. )
The inspector serves as chairman of the election board and may replace judges or clerks who stop acting during the election. The chairman or any board member may administer and certify required oaths during the election.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 74096. The inspector shall be chairman of the election board, and may appoint judges and clerks, if, during the progress of the election, any judge or clerk cease to act. The chairman or any member of the board of election may administer and certify oaths required to be administered during the progress of the election. (Added by Stats. 1965, Ch. 75.) - 74097. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. )
The formation election must be noticed by newspaper publication and by posting notices in three public places.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 74097. The formation election shall be called by publication of notice thereof in a daily or weekly paper in each of the counties in which the district is situated, if there is one, at least once a week for three weeks previous to the election, and by posting notice thereof in three public places. (Added by Stats. 1965, Ch. 75.) - 74098. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. )
The formation election notice must name the proposed district, describe its boundaries, and identify the precincts, polling places, election officers, election time, and poll hours.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 74098. The notice of the formation election shall designate a name for the proposed district and describe the boundaries thereof. The notice shall also designate the respective election precincts and the polling place in each, the election officers, the time of the election, and the hours during which the polls will be kept open; provided, that the polls shall be opened not later than 8 o'clock a.m. and kept open until 7 o'clock p.m. (Added by Stats. 1965, Ch. 75.) - 74099. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. )
The board of supervisors must require the clerk to provide and furnish ballots for the formation election.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 74099. The board of supervisors shall require the clerk of the board to provide and furnish ballots for the formation election. No particular form of ballot shall be required. To the right of or below the question on the ballot, the words “Yes” and “No” shall be printed on separate lines, with voting targets. The ballot shall also contain the names of candidates for the position of director of the district who shall have been endorsed by petitions to the board of supervisors in the manner prescribed in Section 74100. (Amended by Stats. 2025, Ch. 303, Sec. 64. (AB 1512) Effective January 1, 2026.) - 74100. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. )
A nominating petition for a director must be signed by at least 10 electors in the division and filed with the board of supervisors within 15 days after the first publication of the election notice.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 74100. A nominating petition for a director in any division shall be signed by 10 or more electors entitled to vote in such division and shall be filed with the board of supervisors calling the formation election within 15 days from the first publication of the notice calling the election. (Added by Stats. 1965, Ch. 75.) - 74101. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. )
Ballots must include instructions telling voters to fully mark the voting target next to the words showing their choice.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 74101. The ballots shall contain instructions that the voters shall completely select the voting target next to the words that indicate the voter’s choice. (Amended by Stats. 2025, Ch. 303, Sec. 65. (AB 1512) Effective January 1, 2026.) - 74102. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. )
The ballot must include one blank space for each director to be elected, and writing a qualified person’s name in a blank space counts as a vote for that person.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 74102. The ballots shall contain as many blank spaces for the names of directors as there are directors to be elected, and the writing of the name of any qualified person in any of the spaces shall be deemed to be a vote for such person. (Added by Stats. 1965, Ch. 75.) - 74103. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. )
The formation election must follow this state’s general election laws, except where this chapter provides otherwise.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 74103. Except as otherwise provided in this chapter, the formation election shall be conducted in accordance with the general election laws of this state so far as applicable. (Added by Stats. 1965, Ch. 75.) - 74104. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. )
Election officers must publicly count the votes right after the formation election and report the result to the board of supervisors within five days.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 74104. The election officers shall publicly count the votes immediately after the close of the formation election, and shall make a report of the result of the election to the board of supervisors within five days subsequent to the holding thereof. (Added by Stats. 1965, Ch. 75.) - 74105. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. )
The board of supervisors must canvass the votes cast at the formation election on the first Monday after the election, or at its next meeting if it is then in session.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 74105. The board of supervisors shall, on the first Monday succeeding the formation election, if then in session, or at its next meeting, general or special, proceed to canvass the votes cast at the election. (Added by Stats. 1965, Ch. 75.) - 74106. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. )
If a vote to form a district is lost, no petition to form a district covering any part of the same territory may be presented or considered for 12 months.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Formation Election [74090 - 74106] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 74106. Where a vote to form a district is lost, no petition for the formation of a district comprising any portion of the same territory shall be presented or considered for a period of 12 months thereafter. (Added by Stats. 1965, Ch. 75.) - 74120. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Establishment of District [74120 - 74122] ( Chapter 5 added by Stats. 1965, Ch. 75. )
If a majority of votes at the formation election are “Water conservation district—Yes,” the board of supervisors must declare the territory formed as a water conservation district and declare the top vote-getters for director elected.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Establishment of District [74120 - 74122] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## 74120. If a majority of all the votes cast at the formation election are “Water conservation district—Yes,” the board of supervisors shall by an order entered in its minutes declare the territory duly formed as a water conservation district, under the designated name, and shall declare the persons receiving, respectively, the highest number of votes for director to be duly elected to such offices. (Added by Stats. 1965, Ch. 75.) - 74121. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Establishment of District [74120 - 74122] ( Chapter 5 added by Stats. 1965, Ch. 75. )
The board of supervisors must immediately file a certified copy of the order forming the district with the county recorder, and send a copy to each county board clerk. The district formation is complete once the filing is made.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Establishment of District [74120 - 74122] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## 74121. The board of supervisors shall immediately cause a copy of the order declaring the district formed, duly certified by the clerk of the board, to be filed for record in the office of the county recorder of any county in which any portion of the lands embraced in the district is situated, and shall also immediately forward a copy thereof to the clerk of the board of supervisors of each of such counties. From and after such filing, the formation of the district is complete. (Added by Stats. 1965, Ch. 75.) - 74122. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Establishment of District [74120 - 74122] ( Chapter 5 added by Stats. 1965, Ch. 75. )
The clerk of the board of supervisors must immediately file a certificate with the Secretary of State for a newly formed district.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. Establishment of District [74120 - 74122] ( Chapter 5 added by Stats. 1965, Ch. 75. ) ## 74122. The clerk of the board of supervisors shall immediately file 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 formed contains all of the information required to be in the certificate, the clerk of the board may file a copy of the order in lieu of the certificate. (Added by Stats. 1965, Ch. 75.) - 74130. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 6. Contest of Election [74130 - 74136] ( Chapter 6 added by Stats. 1965, Ch. 75. )
A person who owns property in the proposed district and is subject to assessment for district funding may contest the formation election.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 6. Contest of Election [74130 - 74136] ( Chapter 6 added by Stats. 1965, Ch. 75. ) ## 74130. The formation election may be contested by any person holding property within the proposed district liable to be assessed for the raising of funds to carry out the purposes of the district. (Added by Stats. 1965, Ch. 75.) - 74131. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 6. Contest of Election [74130 - 74136] ( Chapter 6 added by Stats. 1965, Ch. 75. )
Directors elected at the formation election must be made parties defendant in the election contest.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 6. Contest of Election [74130 - 74136] ( Chapter 6 added by Stats. 1965, Ch. 75. ) ## 74131. The directors elected at the formation election shall be made parties defendant in the election contest. (Added by Stats. 1965, Ch. 75.) - 74132. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 6. Contest of Election [74130 - 74136] ( Chapter 6 added by Stats. 1965, Ch. 75. )
An election contest must be filed in the superior court of the principal county, and multiple pending contests must be consolidated and tried together.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 6. Contest of Election [74130 - 74136] ( Chapter 6 added by Stats. 1965, Ch. 75. ) ## 74132. The election contest shall be brought in the superior court of the principal county. If more than one contest is pending, they shall be consolidated and tried together. (Added by Stats. 1965, Ch. 75.) - 74133. Verify source ↗
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 6. Contest of Election [74130 - 74136] ( Chapter 6 added by Stats. 1965, Ch. 75. )
The court must immediately hear the election contest, decide whether the election was fairly conducted and substantially complied with the division, and then enter judgment accordingly.
## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 2. FORMATION [74030 - 74136] ( Part 2 added by Stats. 1965, Ch. 75. ) ## CHAPTER 6. Contest of Election [74130 - 74136] ( Chapter 6 added by Stats. 1965, Ch. 75. ) ## 74133. The court shall immediately try the election contest, and determine, upon the hearing, whether the election was fairly conducted and in substantial compliance with the requirements of this division. The court shall enter its judgment accordingly. (Added by Stats. 1965, Ch. 75.)
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