Water Code — Part 42 | WAT — United States — California law | Esheria

Water Code

Part 42 of 51 · provisions 8,201–8,400

This section says the act is called the Water Code.

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

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Provisions of Water Code

Showing 200 of 10,024

  1. 75166.2.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Special Improvement Districts [75110 - 75168.6] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternative Provisions for Government of Special Improvement Districts [75165 - 75166.3] ( Article 6 added by Stats. 1965, Ch. 1651. )

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    Special improvement district trustees are generally subject to the same district rules as the board of directors, and trustee vacancies are filled by appointment by the district’s board of directors. Each trustee must be a registered voter and own or hold title to land in the district and represented division.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Special Improvement Districts [75110 - 75168.6] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternative Provisions for Government of Special Improvement Districts [75165 - 75166.3] ( Article 6 added by Stats. 1965, Ch. 1651. ) ## 75166.2. Except as otherwise provided in this article, all provisions of this division relating to biennial elections, vacancies, oaths, bonds, terms of office, appointments of sole nominees without elections, meetings and changes in boundaries of divisions which are applicable to the board of directors of the district are applicable to the board of trustees of the special improvement district, except that any vacancies on the board of trustees shall be filled by appointment of the board of directors of the district. Each trustee must be a registered voter and a holder of title, or evidence of title, of land in the special improvment district, and of the division which he represents. (Added by Stats. 1965, Ch. 1651.)
  2. 75166.3.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Special Improvement Districts [75110 - 75168.6] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternative Provisions for Government of Special Improvement Districts [75165 - 75166.3] ( Article 6 added by Stats. 1965, Ch. 1651. )

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    The board of trustees of a special improvement district must carry out the district’s obligations under certain U.S. loan repayment contracts. If the board of directors thinks the trustees are not maintaining or operating the waterworks properly, it must give written notice; if the default is not cured within a reasonable time, the directors may take over operation after at least 30 days’ written notice.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Special Improvement Districts [75110 - 75168.6] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Alternative Provisions for Government of Special Improvement Districts [75165 - 75166.3] ( Article 6 added by Stats. 1965, Ch. 1651. ) ## 75166.3. The board of trustees of any special improvement district, the lands within which are obligated to repay a loan or loans from the United States under any loan repayment contract made between the district and the United States pursuant to Article 3 (commencing with Section 74610) of Chapter 5 of Part 5, shall be charged with the responsibility of performing or causing the performance of all obligations of the district and of the special improvement district under such contract. If, in the opinion of the board of directors, the board of trustees fails to adequately maintain and operate the waterworks facilities of the special improvement district constructed pursuant to such contract, or otherwise fails to perform or cause the performance of the obligations under such contract, the board of directors shall give the board of trustees written notice specifying the respect in which the board of trustees has failed, and in the event the board of trustees fails to cure such default within a reasonable time fixed in the notice following the giving of such notice, the board of directors may, upon giving at leasty thirty (30) days’ written notice to the board of trustees, take over the care, operation and maintenance of such waterworks and thereafter care for and operate and maintain the same and perform or cause the performance of such obligations. (Added by Stats. 1965, Ch. 1651.)
  3. 75168.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Special Improvement Districts [75110 - 75168.6] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 7. Transfer of District Funds [75168 - 75168.6] ( Article 7 added by Stats. 1966, 1st Ex. Sess., Ch. 34. )

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    The board may transfer district funds to a special improvement district from available district funds.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Special Improvement Districts [75110 - 75168.6] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 7. Transfer of District Funds [75168 - 75168.6] ( Article 7 added by Stats. 1966, 1st Ex. Sess., Ch. 34. ) ## 75168. The board may from time to time order the transfer of funds to a special improvement district for the benefit of such special improvement district, from any available funds of the district. Any funds so transferred may be used for the payment of any expenses of such special improvement district as set forth in the notice of election. (Added by Stats. 1966, 1st Ex. Sess., Ch. 34.)
  4. 75168.1.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Special Improvement Districts [75110 - 75168.6] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 7. Transfer of District Funds [75168 - 75168.6] ( Article 7 added by Stats. 1966, 1st Ex. Sess., Ch. 34. )

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    Before transferring certain district funds, the board must call an election.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Special Improvement Districts [75110 - 75168.6] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 7. Transfer of District Funds [75168 - 75168.6] ( Article 7 added by Stats. 1966, 1st Ex. Sess., Ch. 34. ) ## 75168.1. Prior to the transfer of any funds authorized by Section 75168, the board shall call an election pursuant to Chapter 3 (commencing with Section 75390) of Part 8 of this division for the purpose of submitting to the voters of the special improvement district the question of incurring an indebtedness and levying a special assessment in the amount of the funds to be transferred for the purpose of repaying such funds. (Added by Stats. 1966, 1st Ex. Sess., Ch. 34.)
  5. 75168.2.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Special Improvement Districts [75110 - 75168.6] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 7. Transfer of District Funds [75168 - 75168.6] ( Article 7 added by Stats. 1966, 1st Ex. Sess., Ch. 34. )

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    The notice of election must state the amount of money to be transferred and the purpose or purposes for which it will be used. It may also state installment timing, installment amounts, and interest up to 6 percent.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Special Improvement Districts [75110 - 75168.6] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 7. Transfer of District Funds [75168 - 75168.6] ( Article 7 added by Stats. 1966, 1st Ex. Sess., Ch. 34. ) ## 75168.2. The notice of election shall specify the amount of money proposed to be transferred by the district and the purpose or purposes for which it is intended to be used, and it may state that the assessment shall be levied in two, three, four, or not to exceed five successive annual installments and specify the amount of the installment to be levied in each year and the maximum rate of interest to be charged, if any, not to exceed 6 percent. (Added by Stats. 1966, 1st Ex. Sess., Ch. 34.)
  6. 75168.3.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Special Improvement Districts [75110 - 75168.6] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 7. Transfer of District Funds [75168 - 75168.6] ( Article 7 added by Stats. 1966, 1st Ex. Sess., Ch. 34. )

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    The ballot must print “Yes” and “No” on separate lines to the right of or below the question, with voting targets.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Special Improvement Districts [75110 - 75168.6] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 7. Transfer of District Funds [75168 - 75168.6] ( Article 7 added by Stats. 1966, 1st Ex. Sess., Ch. 34. ) ## 75168.3. 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. (Repealed and added by Stats. 2025, Ch. 303, Sec. 72. (AB 1512) Effective January 1, 2026.)
  7. 75168.4.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Special Improvement Districts [75110 - 75168.6] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 7. Transfer of District Funds [75168 - 75168.6] ( Article 7 added by Stats. 1966, 1st Ex. Sess., Ch. 34. )

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    If voters approve “Transfer—Yes,” the board must include the voted amount in the annual estimate; if the notice provides for annual installments, it must include each year’s installment amount in that year’s estimate.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Special Improvement Districts [75110 - 75168.6] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 7. Transfer of District Funds [75168 - 75168.6] ( Article 7 added by Stats. 1966, 1st Ex. Sess., Ch. 34. ) ## 75168.4. If a majority of the votes cast are “Transfer—Yes,” the board shall at the time of the annual estimate under Chapter 1 (commencing with Section 75350) of Part 8 of this division, include in the estimate the amount voted, or if the notice of election has provided for levying the special assessment in annual installments, the board shall, at the time of the annual estimate in each of the years specified in the notice include in the estimate the amount of the installment required to be raised in that year. (Added by Stats. 1966, 1st Ex. Sess., Ch. 34.)
  8. 75168.5.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Special Improvement Districts [75110 - 75168.6] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 7. Transfer of District Funds [75168 - 75168.6] ( Article 7 added by Stats. 1966, 1st Ex. Sess., Ch. 34. )

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    The special assessment must be levied under the stated chapters, and any collected money must be paid to the treasurer for repayment to the district.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Special Improvement Districts [75110 - 75168.6] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 7. Transfer of District Funds [75168 - 75168.6] ( Article 7 added by Stats. 1966, 1st Ex. Sess., Ch. 34. ) ## 75168.5. The special assessment shall be levied as generally provided in Chapters 1 (commencing with Section 75350) and 2 (commencing with Section 75370) of Part 8 of this division and when collected shall be paid to the treasurer for repayment to the district. (Added by Stats. 1966, 1st Ex. Sess., Ch. 34.)
  9. 75168.6.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Special Improvement Districts [75110 - 75168.6] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 7. Transfer of District Funds [75168 - 75168.6] ( Article 7 added by Stats. 1966, 1st Ex. Sess., Ch. 34. )

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    If the specified formation requirements are met, special assessments may be levied on all real property in the special improvement district.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Special Improvement Districts [75110 - 75168.6] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 7. Transfer of District Funds [75168 - 75168.6] ( Article 7 added by Stats. 1966, 1st Ex. Sess., Ch. 34. ) ## 75168.6. If the provisions of Section 74056 are complied with in the formation of a district or if the provisions of Section 75151 have been complied with as to such special improvement district, special assessments may be levied upon all real property within the special improvement district in the manner provided in this chapter for the levy of special assessments upon land only. In such case, the resolution of the board and the notice of election shall each contain a statement that the special assessment will be levied upon all real property within the special improvement district. (Added by Stats. 1966, 1st Ex. Sess., Ch. 34.)
  10. 75170.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75170 - 75175] ( Article 1 added by Stats. 1965, Ch. 75. )

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    Certain qualifying land-title holders may petition the board to form an improvement district.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75170 - 75175] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75170. As an additional and alternative method of creating improvement districts of parts of the area within districts two-thirds of the holders of title or evidence of title of any tract or contiguous tracts of land, situated within any district, susceptible of conservation of water, or capable of development separate and apart from the main project or the development of the water resources of the entire district, may petition the board to form an improvement district within the district for the purpose of conserving and developing the water resources of such improvement district and for the levying of assessments to pay the costs thereof. (Added by Stats. 1965, Ch. 75.)
  11. 75171.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75170 - 75175] ( Article 1 added by Stats. 1965, Ch. 75. )

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    A formation petition must include the proposed improvement plan, district boundaries, owners’ names and addresses, and a description of the lands; it must also be signed and acknowledged by the required number of landowners.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75170 - 75175] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75171. Said formation petition shall contain a statement of the plan of the proposed improvement, a description of the boundaries of the proposed improvement district, and the names of the owners of all lands within the improvement district, with their last known addresses, and a description of the lands owned thereby. The petition shall be signed and acknowledged by the requisite number of landowners. (Added by Stats. 1965, Ch. 75.)
  12. 75172.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75170 - 75175] ( Article 1 added by Stats. 1965, Ch. 75. )

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    The formation petition, related proceedings, and affected lands must be identified by number, and parcel descriptions must follow the county assessor’s last duly equalized assessment book.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75170 - 75175] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75172. The formation petition, and all proceedings in reference thereto, and the lands affected thereby, shall be designated by number, and the description of the parcels of land shall be according to the last duly equalized assessment book of the county assessor. (Added by Stats. 1965, Ch. 75.)
  13. 75173.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75170 - 75175] ( Article 1 added by Stats. 1965, Ch. 75. )

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    When a formation petition is received, the board must order a survey of the proposed improvement. If the improvement plan is feasible, the board must also prepare plans and specifications, a cost estimate, and an assessment of costs for each tract in the district.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75170 - 75175] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75173. Upon receipt of the formation petition the board shall cause a survey to be made of the proposed improvement and if it is found that the plan of improvement is feasible, the board shall cause to be prepared plans and specifications of the improvement and an estimate of the cost thereof, together with a statement and assessment of the amount of such costs apportioned to each tract of land in the improvement district, as such tracts of land are shown upon the last equalized assessment book of the county assessor, according to the benefits that will accrue to each of such tracts of land, respectively, by reason of the expenditures of such sums of money for the improvements. (Added by Stats. 1965, Ch. 75.)
  14. 75174.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75170 - 75175] ( Article 1 added by Stats. 1965, Ch. 75. )

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    The board acts as the board of assessment commissioners and may levy and apportion the assessment.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75170 - 75175] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75174. The board constitutes a board of assessment commissioners to levy and apportion such assessment. (Added by Stats. 1965, Ch. 75.)
  15. 75175.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75170 - 75175] ( Article 1 added by Stats. 1965, Ch. 75. )

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    The specified formation documents must be filed in the district office and must be open to inspection by interested parties.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75170 - 75175] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75175. The formation petition, plans, specifications, estimate, and statement and assessment shall be filed in the office of the district and shall be subject to the inspection of all parties interested. (Added by Stats. 1965, Ch. 75.)
  16. 75190.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing and Formation [75190 - 75196] ( Article 2 added by Stats. 1965, Ch. 75. )

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    After plans and assessment documents are filed, the board must give notice of a hearing on formation of the improvement district and on whether a special assessment will be levied.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing and Formation [75190 - 75196] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75190. After the filing of the plans, specifications, estimate, and statement and assessment, the board shall give notice of a hearing upon the formation petition and whether a special assessment shall be levied upon the lands within the improvement district for the purpose of raising money to pay for the improvements, as set forth in the petition, plans, specifications, and statement and assessment. (Added by Stats. 1965, Ch. 75.)
  17. 75191.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing and Formation [75190 - 75196] ( Article 2 added by Stats. 1965, Ch. 75. )

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    The district must give hearing notice by posting, publishing, and mailing it, and the posting and mailing must happen at least 20 days before the hearing.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing and Formation [75190 - 75196] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75191. Notice of the hearing shall be given by posting a notice thereof in three public places within the proposed improvement district, by publishing the notice once a week for two weeks in some newspaper published in the county in which the office of the district is situtated, and by mailing a copy thereof to the last known address of all the owners of lands in the improvement district, as such addresses appear in the formation petition. The notice shall be posted and mailed not less than 20 days prior to the date set for the hearing. (Added by Stats. 1965, Ch. 75.)
  18. 75192.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing and Formation [75190 - 75196] ( Article 2 added by Stats. 1965, Ch. 75. )

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    At the hearing, the board must hear objections about the formation petition, district boundaries, plans, specifications, estimates, the proposed assessment, and how it is apportioned, and may make changes it considers proper.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing and Formation [75190 - 75196] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75192. At the hearing the board shall hear such objections to the formation petition, to the formation of the improvement district and its boundaries, to the plans, specifications, and estimates, and to the proposed assessment and the apportionment thereof as may come before it, and shall make such changes in reference thereto as it may consider proper. (Added by Stats. 1965, Ch. 75.)
  19. 75193.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing and Formation [75190 - 75196] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The board may exclude part of the lands in the formation petition from the improvement district, and may add additional lands.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing and Formation [75190 - 75196] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75193. The board may exclude any part or portion of the lands described in the formation petition from the improvement district, and may include additional lands. If any additional lands are included in the proposed improvement district, the hearing of the petition shall be continued and the owners of the added lands shall be given not less than 20 days’ personal notice of the addition of such lands to the improvement district. (Added by Stats. 1965, Ch. 75.)
  20. 75194.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing and Formation [75190 - 75196] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If more than one-third of the title holders in the proposed improvement district object at the hearing, the board must deny the petition and stop further proceedings.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing and Formation [75190 - 75196] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75194. If more than one-third of the holders of title or evidence of title of lands within the proposed improvement district object, at the hearing, to the formation of the improvement district and the levy of the proposed assessment, the board shall deny the petition and no further proceeding shall be had thereon. (Added by Stats. 1965, Ch. 75.)
  21. 75195.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing and Formation [75190 - 75196] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    After the hearing, if the board decides the improvement district should be formed and assessments levied, it must issue a final order approving the petition, the assessment, and the apportionment.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing and Formation [75190 - 75196] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75195. At the conclusion of the hearing, if the board determines that the improvement district should be formed and assessments levied to pay the costs of the proposed improvement, it shall make a final order approving the formation petition, the improvement district assessment, and the apportionment thereof. (Added by Stats. 1965, Ch. 75.)
  22. 75196.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing and Formation [75190 - 75196] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The order must be entered in the board minutes and a copy must be recorded in each county recorder’s office where district lands are located.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing and Formation [75190 - 75196] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75196. The order shall be entered in the minutes of the board and a copy thereof shall be recorded in the office of the county recorder of each county in which any of the lands of the improvement district are located. (Added by Stats. 1965, Ch. 75.)
  23. 75210.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Assessment and Warrants [75210 - 75214] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The improvement district assessment must include interest on deferred payments, with the interest rate capped at 8% per year, plus 10% extra for anticipated delinquencies.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Assessment and Warrants [75210 - 75214] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75210. The improvement district assessment shall include a sum that equals interest on any deferred payments at a rate not to exceed 8 percent per year, and 10 percent additional for anticipated delinquencies. (Amended by Stats. 1975, Ch. 130.)
  24. 75211.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Assessment and Warrants [75210 - 75214] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The board must add the improvement district assessment amount to the annual assessment when annual assessments are levied, and the assessment may be payable in up to 10 annual installments.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Assessment and Warrants [75210 - 75214] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75211. The improvement district assessment may be made payable in not to exceed 10 annual installments and the board shall, at the time of the levy of the annual assessments of the district, if any, add to the amount of the annual assessment levied upon the lands within the improvement district, such amount for which they may be liable by reason of the levying of the improvement district assessment, and if the annual district assessment is made payable in two installments, the improvement district assessment or installment thereof shall likewise be made payable in two installments. (Added by Stats. 1965, Ch. 75.)
  25. 75212.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Assessment and Warrants [75210 - 75214] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The improvement district assessment, including any installment, remains a lien on the lands and is treated like part of the annual district assessment.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Assessment and Warrants [75210 - 75214] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75212. The improvement district assessment, or any installment thereof, shall be and remain a lien on the lands in the same manner as, and shall be a part of, the annual district assessment. (Added by Stats. 1965, Ch. 75.)
  26. 75213.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Assessment and Warrants [75210 - 75214] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The district must issue assessment warrants and set their payment terms and interest as tied to the assessment levy.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Assessment and Warrants [75210 - 75214] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75213. The district shall issue warrants for the amount of the improvement district assessment, which warrants shall be made payable in amounts and at the times corresponding substantially to the payment of the installments of the improvement district assessment and shall bear interest at such rate of interest as may have been fixed on the levy of the improvement district assessment. Such warrants shall be payable only out of funds derived from the levy and collection of the improvement district assessment. (Added by Stats. 1965, Ch. 75.)
  27. 75214.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Assessment and Warrants [75210 - 75214] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If an improvement district assessment is not enough to cover improvement costs or warrants, a supplemental assessment must be levied on all land in the district; any excess collected becomes a credit on the next annual district assessment for the land that paid it.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Assessment and Warrants [75210 - 75214] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75214. If the improvement district assessment is insufficient to pay in full the cost of the improvements or pay the warrants issued for such improvements, an additional and supplemental assessment shall be made and levied upon all of the lands in the improvement district sufficient to pay such cost or warrants in full, and the procedure followed in making such additional and supplemental levy of assessment shall be substantially the same as the levy of the original assessment, but without the necessity of a petition. If the proceeds from such additional and supplemental assessment exceeds the final amount necessary to pay such cost or warrants in full, the land paying such assessment shall be entitled to a credit of such excess amount upon the next succeeding district annual assessment levied upon such land. (Added by Stats. 1965, Ch. 75.)
  28. 75230.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Powers and Duties of the Board [75230 - 75231] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The district’s board and other officers have the rights and powers needed for the improvement district, including condemning land and acquiring, owning, and holding property within it.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Powers and Duties of the Board [75230 - 75231] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75230. The board and all other officers of the district shall have all the rights, powers, and privileges concerning an improvement district formed pursuant to this chapter, the lands thereof, and the proceedings provided for in this chapter, as the board has concerning the district, including the right of the district to condemn lands and to acquire, own, and hold property within the improvement district. (Added by Stats. 1965, Ch. 75.)
  29. 75231.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Powers and Duties of the Board [75230 - 75231] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The district must do the improvement work and buy needed supplies and equipment, and the cost can be paid only from the improvement district assessment. The board may choose to receive bids for the work and materials.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 7. IMPROVEMENT DISTRICTS [75000 - 75231] ( Part 7 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Powers and Duties of the Board [75230 - 75231] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75231. The work of improvement for which the improvement district is formed, and the purchase of all necessary supplies, material, and equipment therefor, shall be performed and done by the district or, in the discretion of the board, bids may be received for such work and material; provided, however, that the cost thereof shall be paid only out of the improvement district assessment levied. (Added by Stats. 1965, Ch. 75.)
  30. 75350.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    This section defines “ensuing fiscal year” and “following fiscal year” for this part.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## 75350. As used in this part: (a) “Ensuing fiscal year” means the fiscal year in which the board is required to furnish the annual estimate, as provided in this chapter. (b) “Following fiscal year” means the fiscal year which next follows the ensuing fiscal year. (Added by Stats. 1965, Ch. 75.)
  31. 75351.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The board must give a written estimate by July 10 each fiscal year.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## 75351. The board shall, on or before the 10th day of July of each fiscal year, furnish the board of supervisors and the auditor of each affected county, an estimate in writing of the amount of money needed for the purposes of the district for the ensuing fiscal year, for any reserve funds necessary for the first six months of the following fiscal year, and to provide for the prompt payment, when due, of principal and interest on bonds. (Added by Stats. 1965, Ch. 75.)
  32. 75352.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The annual estimate must be large enough to cover the district’s listed expenses and funding needs.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## 75352. The amount in the annual estimate shall be sufficient to raise a sum of money which shall be sufficient to pay all of the following: (a) The incidental expenses of the district. (b) The costs of the work of spreading and sinking waters which the board deems advisable to be done during the ensuing fiscal year. (c) The estimated costs of repairs to and maintenance of any property or works of the district. (d) The amount of any indebtedness (other than bonded debt) of the district currently due or to become due in the ensuing fiscal year. (e) The amount deemed necessary by the board for reserve funds to meet the costs and expenses of the district during the first six months of the following fiscal year. (f) The estimated amount necessary for the payment of the costs of any action or proceeding which may be taken by the district, including the cost of employment of attorneys and engineers. (Added by Stats. 1965, Ch. 75.)
  33. 75353.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If the district has sold bonds, the board must put enough money in the annual estimate to pay bond principal and interest when due.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## 75353. If bonds have been voted and sold by the district, the board shall include in the annual estimate an amount which, together with any moneys available therefor in the bond fund, shall be at least sufficient to pay all bond principal and interest coming due during the ensuing fiscal year and also during that part of the following fiscal year before the proceeds of an assessment tax levied at the time for making the general tax levy in such following fiscal year can be made available for the payment thereof, and such estimate each year shall include an amount clearly sufficient to provide for the payment of principal of and interest on bonds of the district as the same become due. (Added by Stats. 1965, Ch. 75.)
  34. 75354.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If voted bonds have not yet been sold and the board expects to sell them before the end of the next fiscal year, the annual estimate must include enough money to cover their principal and interest.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## 75354. If bonds have been voted but not sold, and the board expects to sell such bonds prior to the end of the ensuing fiscal year, there shall be included in the annual estimate an amount estimated to be sufficient to provide for the payment of all principal and interest of such unsold bonds which the board believes will come due during the ensuing fiscal year and also during that part of the following fiscal year before the proceeds of an assessment tax levied at the time for making the general tax levy in such following fiscal year can be made available for the payment thereof. (Added by Stats. 1965, Ch. 75.)
  35. 75355.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If the district has voted a special assessment, the board must include the yearly installment amount in the annual estimate.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## 75355. If the district has voted a special assessment as provided in Chapter 3 (commencing with Section 75390) of this part, the board shall include in the annual estimate the amount of the installment of the special assessment to be levied each year. (Added by Stats. 1965, Ch. 75.)
  36. 75356.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The annual estimate may include an amount the board considers advisable for certain water-storage and related works.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## 75356. The annual estimate may also include such an amount as the board deems advisable to expend in the acquisition or construction of settling basins, wells, dams, reservoirs, and other works for the storing, spreading, and sinking of waters, together with canals, ditches, conduits, and necessary rights-of-way for use of all such works. (Added by Stats. 1965, Ch. 75.)
  37. 75357.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Annual assessments under this chapter are capped at 2.5 mills per $1 of assessed land value, unless voter-approved up to 5 mills; the higher limit does not apply to certain special assessments or bond payments.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## 75357. Except as provided in Section 75358, the assessment levied during any year pursuant to this chapter shall not exceed two and one-half mills ($0.0025) on each one hundred cents ($1) of the assessed value of the lands within the district, according to the last assessment rolls; provided, that the assessment levied during any year pursuant to this chapter shall not exceed five mills ($0.005) on each one hundred cents ($1) of the assessed value of the lands within the district, according to the last assessment rolls, in any district in which such limitation is approved by the voters of the district at an election held within the district at which a majority of the voters voting on the proposition approve such limitation. Such election may be called by the board and consolidated with any other election held within the district, and the manner of holding and conducting the election shall be in accordance with the general laws of the state relative to elections at which propositions are submitted and voted upon. This limitation shall not apply to a special assessment levied pursuant to Chapter 3 (commencing with Section 75390) of this part or assessments for the payment of the principal and interest on bonds. (Amended by Stats. 1974, Ch. 33.)
  38. 75358.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    A district may levy a special assessment up to one mill per $1 of assessed land value for up to five fiscal years if bond proceeds are not enough to cover project costs, but only one such assessment may be levied at a time.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## 75358. If the proceeds of bonds voted for the acquisition of properties for, or the construction of, any works or projects of the district are insufficient to pay the cost of such properties, works, or projects, then, in addition to the assessments mentioned in Section 75357, an assessment may be levied not to exceed one mill ($0.001) on each one hundred cents ($1) of the assessed value of lands within the district for not to exceed five fiscal years, for the payment of the remaining cost of such properties, works, or projects; provided, however, that no district shall levy more than one such special one mill ($0.001) assessment at any one time. (Added by Stats. 1965, Ch. 75.)
  39. 75359.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If a district spans more than one county, the board must split the annual estimate by the value of land in each county and send each affected county a written statement of its share.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Annual Estimate [75350 - 75359] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## 75359. When a district is in more than one county, the total annual estimate shall be divided by the board in proportion to the value of the land of the district in each county. This value shall be determined from the equalized values of the last assessment rolls of such counties, as revised by the boards of supervisors. When such division of the estimate has been made, the board shall furnish the board of supervisors and auditor of each affected county a written statement of the part of the estimate apportioned to that county. (Added by Stats. 1965, Ch. 75.)
  40. 75370.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Levy of Assessments [75370 - 75375] ( Chapter 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Each affected county’s board of supervisors must annually levy two district assessments when county taxes are levied.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Levy of Assessments [75370 - 75375] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 75370. The board of supervisors of each affected county shall, annually, at the time of levying county taxes, levy an assessment tax to be known as the “____ (name of district) water conservation district assessment,” sufficient to raise the amount (except the amount required to pay principal and interest of bonds) reported to it by the board, and shall also levy an assessment tax to be known as the “____ (name of district) water conservation district bond fund assessment,” sufficient to raise the amount for bond service reported to it by the board. (Added by Stats. 1965, Ch. 75.)
  41. 75371.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Levy of Assessments [75370 - 75375] ( Chapter 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Each affected county’s board of supervisors must set the assessment rate using the statutory formula, and any fraction of a cent on a $100 valuation counts as a full cent.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Levy of Assessments [75370 - 75375] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 75371. The board of supervisors of each affected county shall determine the rate of each of the assessments referred to in Section 75370 by deducting 15 percent for anticipated delinquencies from the total assessed value of the land in the district within the county, as it appears on the assessment roll of the county, and then dividing the sum reported by the board, as required to be raised in the county, by the remainder of such total assessed value. If a fraction of a cent occurs on a valuation of one hundred dollars ($100), it shall be taken as a full cent. (Added by Stats. 1965, Ch. 75.)
  42. 75372.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Levy of Assessments [75370 - 75375] ( Chapter 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Collected assessment tax for bond debt must be placed in the district’s bond fund and used only to pay bond principal and interest until the bonds are fully paid.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Levy of Assessments [75370 - 75375] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 75372. The assessment tax levied to pay bond principal and interest, when collected, shall be paid into the bond fund of the district and shall be used only for the payment of principal and interest of the bonds of the district and for no other purpose until such principal and interest have been fully paid. (Added by Stats. 1965, Ch. 75.)
  43. 75373.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Levy of Assessments [75370 - 75375] ( Chapter 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If Section 74056 is complied with in forming a district, annual assessments for certain chapter purposes must be levied on all real property in the district, using the chapter’s land-assessment procedures and treating references to “land” as references to “real property.”

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Levy of Assessments [75370 - 75375] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 75373. If the provisions of Section 74056 are complied with in the formation of a district so that all bonds of the district and of any improvement district created therein are payable from assessments levied upon all real property within the district or improvement district, as the case may be, annual assessments for the purposes provided in Chapter 1 (commencing with Section 75350) of this part shall be upon all real property within the district and shall be levied in the manner generally provided in Chapter 1 and this chapter for the levy of assessments upon land only; except that all references to “land” therein, including such references in Sections 75357 and 75358, shall be deemed to refer to “real property.” (Added by Stats. 1965, Ch. 75.)
  44. 75374.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Levy of Assessments [75370 - 75375] ( Chapter 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The county auditor must compute and enter the assessments on the assessment roll, and must levy them if the board of supervisors does not.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Levy of Assessments [75370 - 75375] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 75374. The assessments levied pursuant to this chapter shall be computed and entered on the assessment roll by the county auditor, and if the board of supervisors fails to levy the assessments the county auditor shall do so. Such assessments shall be collected at the same time and in the same manner as state and county taxes and when collected shall be paid into the county treasury for the use of the district. (Added by Stats. 1965, Ch. 75.)
  45. 75375.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Levy of Assessments [75370 - 75375] ( Chapter 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    This section adopts applicable Revenue and Taxation Code rules on levying and collecting assessments and on county officers’ related duties, unless they conflict with this division.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Levy of Assessments [75370 - 75375] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 75375. The provisions of the Revenue and Taxation Code, prescribing the manner of levying and collecting assessments and the duties of the several county officers with respect thereto, are, so far as they are applicable and not in conflict with the specific provisions of this division, hereby adopted and made a part hereof. Such officers shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this division. (Added by Stats. 1965, Ch. 75.)
  46. 75390.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Special Assessments [75390 - 75396] ( Chapter 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The board may call an election and ask the district’s qualified electors whether to levy a special assessment.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Special Assessments [75390 - 75396] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## 75390. The board may at any time call an election and submit to the qualified electors of the district the question whether a special assessment shall be levied for the purpose of raising money to be applied to any of the purposes of this division. (Added by Stats. 1965, Ch. 75.)
  47. 75391.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Special Assessments [75390 - 75396] ( Chapter 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The election must be called, held, and its result determined and declared according to the notice and procedure rules in Chapter 4 of Part 2.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Special Assessments [75390 - 75396] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## 75391. The election shall be called upon the notice prescribed in, and shall be held and the result thereof determined and declared in all respects in conformity with, the provisions of Chapter 4 (commencing with Section 74090) of Part 2 of this division. (Added by Stats. 1965, Ch. 75.)
  48. 75392.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Special Assessments [75390 - 75396] ( Chapter 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The notice of election must state the amount to be raised and the purpose of the money, and it may say the assessment will be paid in installments.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Special Assessments [75390 - 75396] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## 75392. The notice of election shall specify the amount of money proposed to be raised and the purpose or purposes for which it is intended to be used, and it may state that the assessment shall be levied in two, three, four, or not to exceed 40 annual installments and specify the amount of the installment to be levied in each year. (Added by Stats. 1965, Ch. 75.)
  49. 75393.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Special Assessments [75390 - 75396] ( Chapter 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Ballot questions must show “Yes” and “No” on separate lines, positioned to the right of or below the question, with voting targets.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Special Assessments [75390 - 75396] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## 75393. 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. (Repealed and added by Stats. 2025, Ch. 303, Sec. 74. (AB 1512) Effective January 1, 2026.)
  50. 75394.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Special Assessments [75390 - 75396] ( Chapter 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If most votes are “Assessment—Yes,” the board must add the voted amount to the annual estimate, or, if the election notice provides for annual installments, add each year’s installment amount in the years specified.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Special Assessments [75390 - 75396] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## 75394. If a majority of the votes cast are “Assessment—Yes,” the board shall at the time of the annual estimate under Chapter 1 (commencing with Section 75350) of this part, include in the estimate the amount voted, or if the notice of election has provided for levying the special assessment in annual installments, the board shall, at the time of the annual estimate in each of the years specified in the notice include in the estimate the amount of the installment provided in the notice to be raised in that year. (Added by Stats. 1965, Ch. 75.)
  51. 75395.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Special Assessments [75390 - 75396] ( Chapter 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    A special assessment must be levied under the general rules in Chapters 1 and 2, and the money collected must be paid to the treasurer for the purposes stated in the notice of election.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Special Assessments [75390 - 75396] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## 75395. The special assessment shall be levied as generally provided in Chapters 1 (commencing with Section 75350) and 2 (commencing with Section 75370) of this part and when collected shall be paid to the treasurer for the purpose or purposes specified in the notice of election. (Added by Stats. 1965, Ch. 75.)
  52. 75396.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Special Assessments [75390 - 75396] ( Chapter 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If Section 74056 is complied with when forming a district, special assessments may be levied on all real property in the district, and the board’s resolution and election notice must state that fact.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Special Assessments [75390 - 75396] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## 75396. If the provisions of Section 74056 are complied with in the formation of a district so that all bonds of the district and of any improvement district created therein are payable from assessments levied upon all real property within the district or improvement district, as the case may be, special assessments may be levied upon all real property within the district in the manner provided in this chapter for the levy of special assessments upon land only. In such case, the resolution of the board and the notice of election shall each contain a statement that the special assessment will be levied upon all real property within the district. (Added by Stats. 1965, Ch. 75.)
  53. 75410.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75410 - 75415] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If the board decides by resolution that using regular assessments would be inequitable, it may levy a project assessment.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75410 - 75415] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75410. If the board determines, by resolution, that it would be inequitable to secure all or any portion of the money necessary for any project of the district (including obligations of the district arising from contracts with local, state, or federal agencies, bureaus, or authorities for the furnishing of a water supply to the district, or the construction of works for the district, where the actual construction is undertaken and financed in the first instance by such agency, bureau, or authority, subject to later repayment in whole or in part by the district), through the levy of assessments on land or real property in accordance with the assessed value thereof, the board may levy a project assessment in the manner prescribed in this chapter. (Added by Stats. 1965, Ch. 75.)
  54. 75411.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75410 - 75415] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The board must specify in its resolution what project costs will be covered by assessments, and any such assessment may be paid over up to 40 annual installments at up to 7% interest.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75410 - 75415] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75411. The resolution of the board shall also designate that portion of the cost of the project, if any, that the board determines can be secured equitably by means of an assessment on all lands in the district, or if so determined by the board, on all real property within the district, in accordance with the assessed value of the land (or real property) as it appears on the county assessment roll, payable in not to exceed 40 annual installments at an annual rate not to exceed 7 percent. In lieu of securing such portion of the cost through a separate assessment levied on the land (or real property), the board may elect to pay such portion of the cost from funds secured for general purposes by assessments levied on all of the land within the district pursuant to the provisions of Chapters 1 (commencing with Section 75350) and 2 (commencing with Section 75370) of this part and subject to the limitations contained therein. If the board so elects, it shall so state in the resolution and the amount of money so paid shall not be considered by the electors in the election provided in this chapter. (Added by Stats. 1965, Ch. 75.)
  55. 75412.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75410 - 75415] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    After a resolution is adopted, the board must have project plans, specifications, repayment estimates, and an assessment prepared and allocated among district tracts based on benefits.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75410 - 75415] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75412. After the adoption of the resolution, the board shall cause to be prepared any necessary plans and specifications of the project, and estimates of the repayment obligations of the district, together with an assessment of the amount of the cost, or portion thereof as determined by the board, apportioned to the various tracts of land in the district according to the benefits that will accrue to each such tract by reason of the expenditures of the money for the project, or for the repayment obligations of a contract. (Added by Stats. 1965, Ch. 75.)
  56. 75413.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75410 - 75415] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    An assessment may be paid in up to 40 annual installments, and the interest rate may not exceed 7 percent per year.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75410 - 75415] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75413. The assessment shall be payable in not to exceed 40 annual installments, with interest at an annual rate not to exceed 7 percent. (Added by Stats. 1965, Ch. 75.)
  57. 75414.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75410 - 75415] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The board is constituted as a board of commissioners to levy and apportion the assessment.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75410 - 75415] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75414. The board constitutes a board of commissioners to levy and apportion the assessment. (Added by Stats. 1965, Ch. 75.)
  58. 75415.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75410 - 75415] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The resolution, plans, specifications, estimate, and proposed assessment must be filed in the district office and made available for public inspection.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Initiation of Proceedings [75410 - 75415] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75415. The resolution, plans, specifications, estimate, and proposed assessment shall be filed in the district office and shall be subject to public inspection. (Added by Stats. 1965, Ch. 75.)
  59. 75430.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing [75430 - 75432] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    After the required filing, the board must hold a hearing and give public notice by posting and publishing it within the stated time limits.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing [75430 - 75432] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75430. After the filing of the resolution, plans, specifications, estimate, and proposed assessment, the board shall hold a hearing upon the matter, notice of which shall, not later than three weeks prior to the date of the hearing, be posted in three public places within the district and published in the district pursuant to Section 6062 of the Government Code. The first publication shall be at least 30 days prior to the date fixed for the hearing. (Added by Stats. 1965, Ch. 75.)
  60. 75431.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing [75430 - 75432] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    At the hearing, the board must hear objections and may change the resolution, plans, specifications, estimates, or proposed assessment as it thinks proper.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing [75430 - 75432] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75431. At the hearing the board shall hear such objections to the resolution, plans, specifications, estimates, and the proposed assessment and apportionment thereof as may come before it and shall make such changes in reference thereto as it considers proper. (Added by Stats. 1965, Ch. 75.)
  61. 75432.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing [75430 - 75432] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If enough land title holders object at the hearing, the board must stop and take no further action on the proposed assessment.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing [75430 - 75432] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75432. If (a) more than 40 percent of the holders of title or evidence of title to land within the boundaries of all cities within the district, or (b) more than 40 percent of the holders of title or evidence of title to land within the unincorporated areas of the district, object, at the hearing, to the levy of the proposed assessment, the board shall take no further action on the matter. (Added by Stats. 1965, Ch. 75.)
  62. 75440.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Election [75440 - 75445] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If no sufficient objections are made at the hearing, the board must call an election in the district to authorize the assessment.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Election [75440 - 75445] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75440. If sufficient objections are not presented to the board at the hearing, it shall call an election to be held in the district for the purpose of authorizing the assessment. (Added by Stats. 1965, Ch. 75.)
  63. 75441.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Election [75440 - 75445] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The election notice must be posted and published, and the election must be conducted as far as practicable under the procedures in Chapter 3 starting with Section 74790.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Election [75440 - 75445] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75441. Notice of the election shall be posted and published and the election shall be conducted, insofar as practicable, in accordance with the provisions of Chapter 3 (commencing with Section 74790) of Part 6 of this division. (Added by Stats. 1965, Ch. 75.)
  64. 75442.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Election [75440 - 75445] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Several purposes may be submitted at the same election.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Election [75440 - 75445] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75442. Several purposes may be submitted at the same election. (Added by Stats. 1965, Ch. 75.)
  65. 75443.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Election [75440 - 75445] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Only qualified electors of the district may vote at the election.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Election [75440 - 75445] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75443. Only qualified electors of the district may vote at the election. (Added by Stats. 1965, Ch. 75.)
  66. 75444.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Election [75440 - 75445] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Ballots for the election must state the amount and purpose of the assessment, and print “Yes” and “No” on separate lines beside or below the proposition.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Election [75440 - 75445] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75444. The ballots at the election shall contain a general statement of the amount and purpose of the assessment to be levied. To the right of or below the statement of the proposition to be voted on, the words “Yes” and “No” shall be printed on separate lines, with voting targets. (Amended by Stats. 2025, Ch. 303, Sec. 75. (AB 1512) Effective January 1, 2026.)
  67. 75445.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Election [75440 - 75445] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If the required majorities of votes favor the proposition, it is treated as accepted and authorizes the project assessment levy stated in the proposition.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Election [75440 - 75445] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75445. If a majority of the votes cast by the qualified electors in cities and a majority of the votes cast by the qualified electors residing in unincorporated areas for the proposition are marked and counted “Project assessment—Yes” or appear to favor the proposition submitted, the proposition shall be deemed to have been accepted by the voters and to authorize the levy of the project assessment in the amount of and for the purpose stated in the proposition. (Added by Stats. 1965, Ch. 75.)
  68. 75460.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Assessment and Warrants [75460 - 75463] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    A project assessment installment remains a lien on the lands and is treated as part of the annual district assessment.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Assessment and Warrants [75460 - 75463] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75460. The project assessment, or any installment thereof, shall be and remain a lien on the lands in the same manner as, and shall be part of, the annual district assessment. (Added by Stats. 1965, Ch. 75.)
  69. 75461.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Assessment and Warrants [75460 - 75463] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The district must issue warrants for the project assessment amount, payable on a schedule that substantially matches assessment installments, and the warrants must bear interest at the rate fixed in the assessment levy.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Assessment and Warrants [75460 - 75463] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75461. The district shall issue warrants for the amount of the project assessment, which warrants shall be made payable in the amount and at times corresponding substantially to the payments of the installments of the project assessment, plus any money to be paid from funds secured by assessments for general district purposes as provided in Section 75411, and which warrants shall bear interest at such rate of interest as may have been fixed in the levy of the project assessment. (Added by Stats. 1965, Ch. 75.)
  70. 75462.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Assessment and Warrants [75460 - 75463] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    These warrants may be paid only from project assessment funds, and also from general district-purpose assessments if the project resolution says so.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Assessment and Warrants [75460 - 75463] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75462. Such warrants shall be payable only out of funds derived from the levy and collection of the project assessment and, if so stated in the resolution proposing the project, from the assessments made for general district purposes. (Added by Stats. 1965, Ch. 75.)
  71. 75463.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Assessment and Warrants [75460 - 75463] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Money from selling the warrants must go into the district treasury, be credited to a special project fund, and be used only for the purpose that the project assessment was authorized to fund.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Project Assessments [75410 - 75463] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Assessment and Warrants [75460 - 75463] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75463. The proceeds arising from the sale of the warrants shall be paid into the treasury of the district and placed to the credit of a special project fund and expended only for the purpose for which the project assessment was authorized to be levied. (Added by Stats. 1965, Ch. 75.)
  72. 75470.5.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. )

    Verify source ↗

    The district may set and collect annual charges by board resolution, but the charge is capped at $2.50 per acre of taxable land.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. ) ## 75470.5. On or before the 30th day of June of each year, the district may, by resolution of the board, fix and collect charges sufficient to meet and pay the estimated expenses and obligations, including a reasonable reserve for contingencies, of the district, until the time that money shall be available to the district from charges fixed in the next succeeding year, subject, however, to a maximum limit of two dollars and fifty cents ($2.50) upon each acre of taxable land within the district. The board, in fixing the charges, may establish the dates of delinquency and may impose penalties for delinquency not exceeding 10 percent of the amount of the charge and may, in addition, collect interest at the rate of 8 percent per annum from the date of delinquency on all delinquent charges. The district may sue for the recovery of unpaid charges. The revenue obtained from the charges may be used for any district purpose and the payment of any district obligation. (Added by Stats. 1983, Ch. 444, Sec. 1.)
  73. 75471.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. )

    Verify source ↗

    The board must set a uniform charge per acre for taxable land in the district, enough to cover estimated expenses and obligations.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. ) ## 75471. The board, in fixing the charges pursuant to Section 75470.5, shall fix a uniform charge per acre on each acre of taxable land within the district sufficient to pay its estimated expenses and obligations. (Added by Stats. 1983, Ch. 444, Sec. 1.)
  74. 75471.5.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. )

    Verify source ↗

    If a separately charged parcel’s charge is under $10, the board may set a minimum charge, but it cannot exceed $10 per parcel.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. ) ## 75471.5. If the charge for any parcel of land separately charged, based on the rate fixed pursuant to Section 75471, is less than ten dollars ($10), a minimum charge may be set by the board which shall not exceed ten dollars ($10) for each separately charged parcel. (Added by Stats. 1983, Ch. 444, Sec. 1.)
  75. 75472.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. )

    Verify source ↗

    The district may use county tax bills to collect charges, must certify the charges to the county auditor by August 1 each year, and the charges are treated like county property taxes for billing, collection, delinquency penalties, and sale procedures.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. ) ## 75472. The district may, by resolution of the board, provide a procedure for and collect the charges by way of the tax bills of the county in which the district is located. The charges shall appear as a separate item on the tax bill, shall be collected at the same time and in the same manner as county ad valorem property taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for those taxes. The district shall, on or before August 1st of each year, certify to the county auditor the charges to be collected. The county may deduct from the revenue so collected for the district an appropriate amount for the billing and collection services rendered to the district. (Added by Stats. 1983, Ch. 444, Sec. 1.)
  76. 75473.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. )

    Verify source ↗

    A board may order a refund for a charge that was made in error because of inadvertence or clerical mistake, and it can do so any time after payment.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. ) ## 75473. Any charge erroneously made by reason of inadvertence or clerical mistake may be refunded upon order of the board at any time after payment thereof. (Added by Stats. 1983, Ch. 444, Sec. 1.)
  77. 75474.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. )

    Verify source ↗

    The board must annually fix and collect a charge, and it may direct commissioners to be named to determine benefits and establish benefit zones when triggered by the board’s own motion or a qualifying landowner or voter petition.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. ) ## 75474. The board shall annually fix and collect a charge, as provided in Section 75471, until the board, on its own motion or on petition of landowners representing at least 25 percent of the land within the district or at least 25 percent of the voters of the district, directs that commissioners be named to make a determination of the benefits received and to establish one or more zones of benefit which shall reflect the proportion of benefits to be derived by the lands within the respective zone or zones from the operation of the district and from any contract the district may have entered into. The determination shall be effective as of the first day of July in the next succeeding year. (Added by Stats. 1983, Ch. 444, Sec. 1.)
  78. 75475.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. )

    Verify source ↗

    The board must appoint three commissioners who have no interest in real property within the district, and each commissioner must swear an oath before serving.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. ) ## 75475. The board, pursuant to Section 75474, shall thereafter appoint three commissioners who have no interest in any real property within the district, each of whom, before entering upon his or her duties, shall make and subscribe an oath that he or she is not in any manner interested in any real property within the district, directly or indirectly, and that he or she will perform the duties of a commissioner to the best of his or her abilities. (Added by Stats. 1983, Ch. 444, Sec. 1.)
  79. 75475.5.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. )

    Verify source ↗

    The commissioners must decide whether the district should be split into more than one benefit zone, and if so, assign zone numbers, set Zone 1 at 100 percent benefit, and prepare a map and report.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. ) ## 75475.5. The commissioners shall determine whether the district should be divided into more than one zone of benefit. If the commissioners determine that the district shall be divided into more than one zone, the zones shall be given a numerical designation starting with Zone 1, which shall be the zone which receives the greatest proportional benefit. The benefit received by Zone 1 shall be assessed at 100 percent, and the benefit received by the other zones shall be expressed in terms of relatively smaller percentages as the benefits compare with those received by Zone 1. The commissioners shall prepare a map showing the boundaries of the zones and their respective benefit percentages, and a report explaining the basis for their determination. (Added by Stats. 1983, Ch. 444, Sec. 1.)
  80. 75476.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. )

    Verify source ↗

    After receiving the commissioners’ map and report, the board must schedule a hearing and publish notice in each county where the district is located.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. ) ## 75476. Upon receipt of the commissioners’ map and report, the board shall schedule a hearing thereon. Notice of the hearing shall be given in each county in which the district is located by publishing once each week for at least two successive weeks in a newspaper of general circulation. (Added by Stats. 1983, Ch. 444, Sec. 1.)
  81. 75476.5.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. )

    Verify source ↗

    The notice must state the hearing time and place, the hearing’s purpose, where the report and map can be inspected, and a brief description of the benefit zones and benefits percentages.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. ) ## 75476.5. The notice shall state the time and place of hearing, that the purpose of the hearing is to approve the report and map of the commissioners, and the location of the place or places where the report and map may be inspected. The notice shall include a brief, generalized description of the benefit zones and percentage of benefits determined for each zone. (Added by Stats. 1983, Ch. 444, Sec. 1.)
  82. 75477.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. )

    Verify source ↗

    At the hearing, affected landowners and other interested persons may present evidence or testimony and may object to or request changes to benefit-zone boundaries or benefit percentages.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. ) ## 75477. At the hearing, any landowner within the proposed boundaries of the benefit zone or other interested person may offer any relevant evidence or testimony relating to the boundaries of the benefit zones or the benefits to be received. The landowner or interested person may object the inclusion of land within a benefit zone or may request the inclusion of any other land within the zone or a change in the percentage of benefits of any zone. (Added by Stats. 1983, Ch. 444, Sec. 1.)
  83. 75477.5.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. )

    Verify source ↗

    After the hearing, the board may change benefit-zone boundaries or benefit percentages, and must issue an order setting them to best match the benefits received.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. ) ## 75477.5. At the conclusion of the hearing, the board may alter the boundaries of benefit zones or the percentages of benefits applicable thereto and shall make an order establishing the boundaries of the benefit zones and the percentages of benefits applicable thereto which shall best approximate the benefits received. (Added by Stats. 1983, Ch. 444, Sec. 1.)
  84. 75478.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. )

    Verify source ↗

    If a district is ordered to be divided into more than one zone, the per-acre charge is adjusted by the zone’s percentage of benefit and then increased enough to match the amount required under Section 75470.5.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. ) ## 75478. Upon an order that the district be divided into more than one zone, the charge per acre made pursuant to Section 75471 shall be multiplied by the percentage of benefit applicable to the zone or zones within which the acreage is located, and shall then be increased by the factor necessary so that the total amount to be collected shall be equal to the amount determined to be required pursuant to Section 75470.5. (Added by Stats. 1983, Ch. 444, Sec. 1.)
  85. 75478.5.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. )

    Verify source ↗

    The board may direct another redetermination of benefit zones or benefit percentages after a prior redetermination under Section 75474, either on its own motion or if enough landowners or voters petition.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 5. (Multiple Versions) [75470 - 75478.5] ( Chapter 5 added by Stats. 1983, Ch. 444, Sec. 1. ) ## 75478.5. The board, subsequent to any redetermination of benefits made pursuant to Section 75474, may, on its own motion or on petition of landowners representing at least 25 percent of the lands within the district or at least 25 percent of the voters of the district, direct that the zones of benefit or that the percentages of benefit be further redetermined in the same manner as provided in this chapter. (Added by Stats. 1983, Ch. 444, Sec. 1.)
  86. 75480.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 6. North San Joaquin Water Conservation District [75480 - 75481.5] ( Chapter 6 added by Stats. 2002, Ch. 318, Sec. 1. )

    Verify source ↗

    The North San Joaquin Water Conservation District may levy assessments under this chapter.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 6. North San Joaquin Water Conservation District [75480 - 75481.5] ( Chapter 6 added by Stats. 2002, Ch. 318, Sec. 1. ) ## 75480. (a) The North San Joaquin Water Conservation District, in addition to its other powers, may levy assessments as provided in this chapter. (b) “District,” for the purposes of this chapter, means the North San Joaquin Water Conservation District. (c) “Collected water” and “water that is collected,” for the purposes of this chapter, means the net acre-feet of water caused to be deposited onto land by the district. In determining the amount of collected water, both the amount of water entering the water system and the amount of water leaving the water system, having not been applied, shall be measured. The amount of water that leaves the system, having not been applied, shall be subtracted from the amount of water that enters the system. The difference shall be reduced by the amount of water lost due to evaporation and further reduced for water subject to export from the district. The sum difference is the amount of collected water. (d) “Applied,” for the purposes of this chapter, means that the water has been used for irrigation, recharge, in lieu of flooding, deposited into an area for storage, or held in an area for percolation purposes. (e) “System,” for the purposes of this chapter, means all of the physical apparatus owned, operated, or maintained by the district for the purpose of moving or holding water. (Amended by Stats. 2003, Ch. 62, Sec. 316. Effective January 1, 2004.)
  87. 75480.5.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 6. North San Joaquin Water Conservation District [75480 - 75481.5] ( Chapter 6 added by Stats. 2002, Ch. 318, Sec. 1. )

    Verify source ↗

    The district may levy and collect assessments on eligible taxable land, but not on dry pastureland or land with no water applied or delivered, and it must stay within stated per-acre caps and timing rules.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 6. North San Joaquin Water Conservation District [75480 - 75481.5] ( Chapter 6 added by Stats. 2002, Ch. 318, Sec. 1. ) ## 75480.5. (a) The North San Joaquin Water Conservation District may fix and collect assessments upon taxable land within the district on which surface water or groundwater is applied or delivered. Assessments may not be imposed on dry pastureland or other agricultural land on which neither groundwater nor surface water is applied or delivered. (b) The maximum amount of the assessments levied by the district shall be determined on a year-by-year basis, dependent on the amount of water that is collected by the district during the previous year, consistent with this section. The district shall determine the amount of collected water. (c) The revenue obtained from the assessments shall be used for the purposes of groundwater recharge, the delivery of surface water, and any related expenses incurred by the district. The district may, by resolution of the board, fix and collect assessments sufficient to meet and pay the estimated expenses and obligations authorized by this subdivision, including a reasonable reserve for contingencies. No assessment may be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. (d) The assessments shall be fixed by the district on or before the 31st day of July in accordance with subdivisions (e) and (f). (e) (1) During the years 2003, 2004, 2005, and 2006, the district may assess no more than one dollar ($1) per acre or portion of an acre, unless the district has collected 5,000 acre-feet or more of water, during the previous year. (2) If the district has collected at least 5,000 acre-feet, but less than 8,000 acre-feet, of water during the previous year, then the district may assess up to two dollars ($2) per acre or portion of an acre. (3) If the district has collected at least 8,000 acre-feet, but less than 10,000 acre-feet, of water during the previous year, then the district may assess up to three dollars ($3) per acre or portion of an acre. (4) If the district has collected at least 10,000 acre-feet, but less than 12,000 acre-feet, of water during the previous year, the district may assess up to four dollars ($4) per acre or portion of an acre. (5) If the district has collected 12,000 acre-feet or more of water during the previous year, the district may assess up to five dollars ($5) per acre or portion of an acre. The district may not assess more than five dollars ($5) per acre, or portion of an acre, of taxable land within the district on which surface water or groundwater is applied or delivered. (f) (1) For the year 2007, and each subsequent year, if the district has collected at least 3,000 acre-feet, but less than 5,000 acre-feet, of water during the previous year, then the district may assess up to one dollar ($1) per acre or portion of an acre. (2) If the district has collected at least 5,000 acre-feet, but less than 8,000 acre-feet, of water during the previous year, then the district may assess up to two dollars ($2) per acre or portion of an acre. (3) If the district has collected at least 8,000 acre-feet, but less than 10,000 acre-feet, of water during the previous year, then the district may assess up to three dollars ($3) per acre or portion of an acre. (4) If the district has collected at least 10,000 acre-feet, but less than 12,000 acre-feet, of water during the previous year, the district may assess up to four dollars ($4) per acre or portion of an acre. (5) If the district has collected 12,000 acre-feet or more of water during the previous year, the district may assess up to five dollars ($5) per acre or portion of an acre. The district may not assess more than five dollars ($5) per acre, or portion of an acre, of taxable land within the district on which surface water or groundwater is applied or delivered. (g) The board, in levying the charges, may establish the dates of delinquency and may impose penalties for delinquency not exceeding 10 percent of the amount of the assessment and may, in addition, collect interest at the rate of 8 percent per annum from the date of delinquency on all delinquent assessments. The district may sue for the recovery of unpaid assessments. (h) Any assessment levied pursuant to this chapter shall be imposed consistent with Article XIII C and Article XIII D of the California Constitution and the Proposition 218 Omnibus Implementation Act (Chapter 38 of the Statutes of 1997), and any amendments thereto. (Added by Stats. 2002, Ch. 318, Sec. 1. Effective January 1, 2003.)
  88. 75481.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 6. North San Joaquin Water Conservation District [75480 - 75481.5] ( Chapter 6 added by Stats. 2002, Ch. 318, Sec. 1. )

    Verify source ↗

    The district may use county tax bills to collect assessments, and it must certify the assessments to the county auditor by August 1 each year.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 6. North San Joaquin Water Conservation District [75480 - 75481.5] ( Chapter 6 added by Stats. 2002, Ch. 318, Sec. 1. ) ## 75481. (a) The district may, by resolution of the board, provide a procedure for and collect the assessments by way of the tax bills of the county in which the district is located. The assessments shall appear as a separate item on the tax bill, shall be collected at the same time and in the same manner as county ad valorem property taxes are collected, and shall be subject to the same procedures, including sale in case of default, as are provided for those taxes. (b) The district shall, on or before August l of each year, certify to the county auditor the assessments to be collected. The county may deduct from the revenue so collected for the district, an appropriate amount for the billing and collection services provided to the district. (Added by Stats. 2002, Ch. 318, Sec. 1. Effective January 1, 2003.)
  89. 75481.5.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 6. North San Joaquin Water Conservation District [75480 - 75481.5] ( Chapter 6 added by Stats. 2002, Ch. 318, Sec. 1. )

    Verify source ↗

    The board may order refunds of assessments that were made by mistake or inadvertence, and this can be done any time after payment.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 8. ASSESSMENTS [75350 - 75481.5] ( Part 8 added by Stats. 1965, Ch. 75. ) ## CHAPTER 6. North San Joaquin Water Conservation District [75480 - 75481.5] ( Chapter 6 added by Stats. 2002, Ch. 318, Sec. 1. ) ## 75481.5. Any assessments erroneously made by reason of inadvertence or clerical mistake may be refunded upon order of the board at any time after payment. (Added by Stats. 2002, Ch. 318, Sec. 1. Effective January 1, 2003.)
  90. 75500.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. )

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    This article’s provisions govern how this part 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 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75500. Unless the context otherwise requires, the provisions of this article shall govern the construction of this part. (Added by Stats. 1965, Ch. 75.)
  91. 75501.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    This section defines “person,” “operator,” and “owner” for the ground water charge part.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75501. “Person” or “operator” means public agencies, federal, state, and local, private corporations, firms, partnerships, limited liability companies, individuals, or groups of individuals, whether legally organized or not. “Owner” or “operator” also means the person to whom a water-producing facility is assessed by the county assessor of an affected county, or, if not separately assessed, the person who owns the land upon which a water-producing facility is located. (Amended by Stats. 1994, Ch. 1010, Sec. 228. Effective January 1, 1995.)
  92. 75502.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    This section defines “ground water” as water beneath the earth’s surface, but excludes several types of water connected to oil and gas production, mining, construction, and gravity or artesian springs.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75502. “Ground water” means all water beneath the earth’s surface, but does not include water which is produced with oil in the production of oil and gas, or in a bona fide mining operation, or during construction operations, or from gravity or artesian springs. (Added by Stats. 1965, Ch. 75.)
  93. 75502.5.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    This section defines “groundwater” for the United Water Conservation District.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75502.5. Notwithstanding Sections 75500 and 75502, for purposes of the United Water Conservation District, “groundwater” means all water beneath the earth’s surface, but does not include water that is produced with oil in the production of oil and gas, in a bona fide mining operation, during construction operations, or from gravity or natural springs. For the purpose of this section, “groundwater” includes water produced from artesian wells. (Added by Stats. 1995, Ch. 833, Sec. 4. Effective January 1, 1996.)
  94. 75503.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    “Production” or “producing” means extracting ground water by pumping or other methods.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75503. “Production” or “producing” means the act of extracting ground water by pumping or otherwise. (Added by Stats. 1965, Ch. 75.)
  95. 75504.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

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

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75504. “Water-producing facility” means any device or method, mechanical or otherwise, for the production of water from the ground water supplies within the district. (Added by Stats. 1965, Ch. 75.)
  96. 75505.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    This section defines “accumulated overdraft” as the amount of water that must be replaced in certain groundwater basin intake areas to prevent saltwater intrusion or land subsidence, as determined by the board.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75505. “Accumulated overdraft” means the amount of water necessary to be replaced in the intake areas of the ground water basins within the district or any zone or zones thereof to prevent the landward movement of salt water into the fresh ground water body, or to prevent subsidence of the land within the district or any zone or zones thereof, as determined by the board from time to time. (Added by Stats. 1965, Ch. 75.)
  97. 75506.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    This section defines “annual overdraft” as the amount, set by the board, by which groundwater production in a district exceeds natural replenishment in the water year.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75506. “Annual overdraft” means the amount, determined by the board, by which the production of water from ground water supplies within the district or any zone or zones thereof during the water year exceeds the natural replenishment of such ground water supplies in such water year. (Added by Stats. 1965, Ch. 75.)
  98. 75507.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    This section defines “water year” and three related terms used in the chapter.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75507. (a) “Water year” means the period beginning October 1 of one calendar year and ending September 30 of the following calendar year. (b) “Current water year” means the water year in which the investigation and report on the ground water conditions of the district is made, the hearing thereon held, and the determination is made by the board as to whether a zone or zones should be established and a ground water charge levied therein. (c) “Preceding water year” means the water year immediately preceding the current water year. (d) “Ensuing water year” means the water year immediately following the current water year. (Amended by Stats. 2025, Ch. 401, Sec. 27. (AB 1520) Effective January 1, 2026.)
  99. 75508.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    This section defines “agricultural water” as water first used on land to produce plant crops or livestock for market.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Definitions [75500 - 75508] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75508. “Agricultural water” means water first used on lands in the production of plant crops or livestock for market. (Added by Stats. 1965, Ch. 75.)
  100. 75520.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. General Provisions [75520 - 75524] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The referenced articles apply only to districts where a ground water charge is levied or proposed to be levied.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. General Provisions [75520 - 75524] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75520. The provisions of Articles 1 (commencing with Section 75560), 2 (commencing with Section 75570), and 3 (commencing with Section 75590) of Chapter 3 of this part apply only to districts in which a ground water charge is levied or proposed to be levied. (Added by Stats. 1965, Ch. 75.)
  101. 75521.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. General Provisions [75520 - 75524] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Ground water charges under this part are stated to support district activities that protect and augment water supplies.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. General Provisions [75520 - 75524] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75521. Ground water charges levied pursuant to this part are declared to be in furtherance of district activities in the protection and augmentation of the water supplies for users within the district or a zone or zones thereof which are necessary for the public health, welfare, and safety of the people of this state. (Added by Stats. 1965, Ch. 75.)
  102. 75522.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. General Provisions [75520 - 75524] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Ground water charges may be levied on production from water-producing facilities in the district or its zones.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. General Provisions [75520 - 75524] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75522. The ground water charges are authorized to be levied upon the production of ground water from all water-producing facilities, whether public or private, within the district or a zone or zones thereof for the benefit of all who rely directly or indirectly upon the ground water supplies of the district or a zone or zones thereof and water imported into the district or a zone or zones thereof. (Added by Stats. 1965, Ch. 75.)
  103. 75523.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. General Provisions [75520 - 75524] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The board must use ground water charge proceeds only for district purposes authorized by this division.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. General Provisions [75520 - 75524] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75523. The proceeds of ground water charges levied and collected upon the production of water from ground water supplies within the district or a zone or zones thereof shall be used exclusively by the board for the district purposes authorized by this division. (Added by Stats. 1965, Ch. 75.)
  104. 75524.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. General Provisions [75520 - 75524] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Some water importers or operators may ask the United Water Conservation District’s Board of Directors to exempt them from groundwater charges tied to that imported water.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. In General [75500 - 75524] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. General Provisions [75520 - 75524] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75524. Any person or operator who augments the water supplies for use within the United Water Conservation District or a zone or zones thereof, by importing water from sources outside the district, and who stores that water in a basin within the district, may apply to the Board of Directors of the United Water Conservation District for a determination exempting that operator from the payment of any groundwater charge based upon the extraction of that water. The exemption shall be based upon the filing of an application for exemption and submission to the board of reasonable evidence of the following: (a) The amount of water of acceptable quality imported into the district and spread or injected into a basin within the district. (b) The portion of that imported water that effectively recharges the basin underlying the zone or zones into which it is injected or percolates. (c) The amount of water produced by the applicant from the zone or zones overlying the areas effectively recharged by the importation and spreading or injection of that water. (d) Even if the applicant had not imported and stored the water, it had a separate legal right and the ability to produce the quantity of water for which it seeks exemption, in addition to all other water produced by the applicant from the zone or zones involved. (Added by Stats. 1990, Ch. 684, Sec. 1.)
  105. 75540.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Establishment of Zones and Registration of Water-Measuring Devices [75540 - 75544] ( Chapter 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Before any ground water charge is set up, the board must establish one or more zones in the district where the charge will apply.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Establishment of Zones and Registration of Water-Measuring Devices [75540 - 75544] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 75540. Prior to the establishment of any ground water charge, the board shall establish a zone or zones within the district within which the ground water charge will be effective. Such zone or zones shall be established and may be amended to the extent and in the manner prescribed in Chapter 3 (commencing with Section 75560) of this part. A zone may include the entire district. (Added by Stats. 1965, Ch. 75.)
  106. 75541.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Establishment of Zones and Registration of Water-Measuring Devices [75540 - 75544] ( Chapter 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    After a zone is established, water-producing facilities in the zone must register with the district within six months, and may also have to be measured with a district-approved water-measuring device if the board requires it.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Establishment of Zones and Registration of Water-Measuring Devices [75540 - 75544] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 75541. Within six months after the date of establishing a zone or zones, all water-producing facilities located within the boundaries of such zone or zones shall be registered with the district and, if required by the board, shall be measured with a water-measuring device satisfactory to the district, which shall be installed by the district or, at the district’s option, by the operator thereof. (Added by Stats. 1965, Ch. 75.)
  107. 75542.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Establishment of Zones and Registration of Water-Measuring Devices [75540 - 75544] ( Chapter 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    New water-producing facilities built or reopened after the period in Section 75541 must be registered with the district, and may also have to be measured if the board requires it.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Establishment of Zones and Registration of Water-Measuring Devices [75540 - 75544] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 75542. Any new water-producing facility constructed or reestablished after the period prescribed in Section 75541 shall be registered with the district and, if required by the board, measured with a water-measuring device satisfactory to the district within 30 days after the completion or reestablishment thereof. (Added by Stats. 1965, Ch. 75.)
  108. 75543.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Establishment of Zones and Registration of Water-Measuring Devices [75540 - 75544] ( Chapter 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The board may declare certain water-measuring devices to count as compliance with this chapter.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Establishment of Zones and Registration of Water-Measuring Devices [75540 - 75544] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 75543. Any water-measuring device required by and satisfactory to any other public agency, county, or district, or zone thereof, the boundaries of which substantially contain the area of the district, may be declared by the board to be sufficient compliance with this chapter. (Added by Stats. 1965, Ch. 75.)
  109. 75544.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Establishment of Zones and Registration of Water-Measuring Devices [75540 - 75544] ( Chapter 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The water-measuring device registration form must include specified ownership, location, operator, and interest-holder information, and the district may require other necessary information.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Establishment of Zones and Registration of Water-Measuring Devices [75540 - 75544] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## 75544. The registration form for water-measuring devices shall contain all of the following: (a) Information as to the owner or owners of the land upon which each water-producing facility is located. (b) A general description and location of each water-producing facility. (c) The name and address of the person charged with the operation of each water-producing facility. (d) The name or names and addresses of all persons owning or claiming to own an interest in the water-producing facility. (e) Such other information as the district determines is necessary and requires. (Added by Stats. 1965, Ch. 75.)
  110. 75560.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Investigation and Report [75560 - 75561] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The district must make an annual engineering investigation and report on the district’s ground water conditions.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Investigation and Report [75560 - 75561] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75560. The district shall annually cause to be made an engineering investigation and report upon ground water conditions of the district. (Added by Stats. 1965, Ch. 75.)
  111. 75561.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Investigation and Report [75560 - 75561] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    An engineering investigation and report must include specified information about overdrafts, water production, water obligations, and related estimates.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. Investigation and Report [75560 - 75561] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75561. The engineering investigation and report shall include all of the following: (a) Information for the consideration of the board in its determination of the annual overdraft. (b) Information for the consideration of the board in its determination of the accumulated overdraft as of the last day of the preceding water year. (c) A report as to the total production of water from the ground water supplies of the district for the preceding water year. (d) An estimate of the annual overdraft for the current water year and for the ensuing water year. (e) The amount of water the district is obligated to purchase during the ensuing water year, and a recommendation as to the quantity of water needed for surface delivery and for replenishment of the ground water supplies of the district for the ensuing year. (f) Such other information as the district desires. (Added by Stats. 1965, Ch. 75.)
  112. 75570.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing [75570 - 75575] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The engineering investigation and report must be delivered in writing to the secretary by the day of the board’s regular March meeting.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing [75570 - 75575] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75570. On or before the day of the regular meeting of the board in March of each year, the engineering investigation and report shall be delivered to the secretary in writing. (Amended by Stats. 1986, Ch. 255, Sec. 1.)
  113. 75571.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing [75570 - 75575] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The secretary must publish a notice about the engineering investigation and report and the public hearing, in a newspaper of general circulation within the district, at least 10 days before the hearing.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing [75570 - 75575] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75571. The secretary shall publish a notice of the receipt of the engineering investigation and report and of a public hearing thereon to be held in April. The notice shall be published, pursuant to Section 6061 of the Government Code, in a newspaper of general circulation printed and published within the district, at least 10 days prior to the date at which the public hearing is held. (Amended by Stats. 1986, Ch. 255, Sec. 2.)
  114. 75572.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing [75570 - 75575] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The district’s notice must include an invitation for operators of water-producing facilities in the district to visit the district office and review the engineering investigation and report.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing [75570 - 75575] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75572. The notice, among other information which the district may provide therein, shall contain an invitation to all operators of water-producing facilities within the district to call at the office of the district to examine the engineering investigation and report. (Added by Stats. 1965, Ch. 75.)
  115. 75573.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing [75570 - 75575] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The board must hold a public hearing each April at its regular meeting place, at least 30 days after receiving the engineering investigation and report.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing [75570 - 75575] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75573. The board shall hold a public hearing in April of each year, in the regular meeting place of the board, not sooner than 30 days after receipt of the engineering investigation and report. Any operator of a water-producing facility within the district, or any person interested in the condition of the groundwater or surface water supplies of the district, may in person, or by representative, appear and submit evidence at the public hearing concerning the groundwater conditions and the surface water supplies of the district. Appearances also may be made supporting or protesting the engineering investigation and report. (Amended by Stats. 1986, Ch. 255, Sec. 3.)
  116. 75574.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing [75570 - 75575] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Before levying the ground water charge, the board must determine several specified groundwater and water-supply figures.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing [75570 - 75575] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75574. The board shall, before the levy of the ground water charge, find and determine all of the following: (a) The average annual overdraft for the immediate past 10 water years. (b) The estimated annual overdraft for the current water year. (c) The estimated annual overdraft for the ensuing water year. (d) The accumulated overdraft as of the last day of the preceding water year. (e) The estimated accumulated overdraft as of the last day of the current water year. (f) The estimated amount of agricultural water to be withdrawn from the ground water supplies of the district for the ensuing water year. (g) The amount of water other than agricultural water to be drawn from the ground water supplies of the district for the ensuing water year. (h) The estimated amount of water necessary for surface distribution for the ensuing water year. (i) The amount of water which is necessary for the replenishment of the ground water supplies of the district. (j) The amount of water the district is obligated by contract to purchase. (Added by Stats. 1965, Ch. 75.)
  117. 75575.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing [75570 - 75575] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The board’s findings and determinations are final and binding on all persons and parties.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Hearing [75570 - 75575] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75575. The findings and determinations by the board are conclusive and binding upon all persons and parties. (Added by Stats. 1965, Ch. 75.)
  118. 75590.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The board must decide, by the end of the water year, whether to establish one or more zones and levy a ground water charge in them.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75590. Prior to the end of the water year in which the hearing is held, and based upon the findings and determinations from the hearing, the board shall determine whether or not a zone or zones should be established and a ground water charge levied therein. (Added by Stats. 1965, Ch. 75.)
  119. 75591.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If the board decides to establish zones and levy a ground water charge, it must create the zones and charge all persons operating ground water-producing facilities in them during the current or next water year. The board may waive a minimal charge if collecting it would not benefit the district.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75591. If the board determines that a zone or zones should be established and a ground water charge levied therein, it shall establish the zone or zones and levy, assess, and affix the charge against all persons operating ground water-producing facilities within the zone or zones during the current or ensuing water year. However, the board may waive any minimal charge, the collection of which is determined by the board not to result in net economic benefit to the district. (Amended by Stats. 1992, Ch. 1208, Sec. 5. Effective January 1, 1993.)
  120. 75592.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The charge must be calculated at fixed, uniform rates per acre-foot for agricultural water and for non-agricultural water, with a possible different rate for certain non-agricultural irrigation uses.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75592. The charge shall be computed at a fixed and uniform rate per acre-foot for agricultural water, and at a fixed and uniform rate per acre-foot for all water other than agricultural water. However, a different fixed and uniform rate per acre-foot may be used to compute the charge for all water other than agricultural water used for irrigation purposes on parks, golf courses, schools, cemeteries, and publicly owned historical sites. (Amended by Stats. 1984, Ch. 718, Sec. 2.)
  121. 75593.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Different zones may have different water rates, but each zone must use a fixed, uniform rate for agricultural water and a fixed, uniform rate for non-agricultural water.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75593. Different rates may be established in different zones; provided, however, that in each zone the rate for agricultural water shall be fixed and uniform and the rate for water other than agricultural water shall be fixed and uniform. (Added by Stats. 1965, Ch. 75.)
  122. 75594.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Ground water charges must generally use a fixed, uniform per-acre-foot rate, subject to a Section 75595 exception.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75594. Except as provided in Section 75595, any ground water charge in any year shall be established at a fixed and uniform rate for each acre-foot for water other than agricultural water which is not less than three times nor more than five times the fixed and uniform rate established for agricultural water. However, any groundwater charge in any year for water other than agricultural water used for irrigation purposes on parks, golf courses, schools, cemeteries, and publicly owned historical sites may be established at a fixed and uniform rate for each acre-foot which shall not be less than the rate established for agricultural water, nor more than the rate established for all water other than agricultural water. (Amended by Stats. 1984, Ch. 718, Sec. 3.)
  123. 75595.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    In counties with populations between 503,000 and 600,000, a yearly ground water charge must use a fixed, uniform acre-foot rate for nonagricultural water, set in the same proportion to the agricultural water rate as the board determines.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75595. In any county which has a population of 503,000 or more and less than 600,000, any ground water charge in any year shall be established at a fixed and uniform rate for each acre-foot for water other than agricultural water in such proportion to the fixed and uniform rate established for agricultural water as the board shall determine. (Added by Stats. 1965, Ch. 75.)
  124. 75596.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    A ground water charge under this part must be added on top of any general tax or assessment in the district, but yearly revenues from the charge may not exceed the amount the district board finds necessary for district purposes.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75596. Any ground water charge levied pursuant to this part shall be in addition to any general tax or assessment levied within the district or a zone or zones thereof; provided, that in any fiscal year, the sums raised by any ground water charge levied by the district in any zone or zones, shall not produce funds for district purposes that would exceed such amount as is deemed necessary by the district board to be used in furtherance of district purposes in the replenishment, augmentation, and the protection of water supplies for users within the district or a zone or zones thereof. (Amended by Stats. 1979, Ch. 133.)
  125. 75598.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The board must annually give each affected county’s board of supervisors and auditor the estimated amount of the ground water charge it plans to levy in any zone or zones.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75598. In addition to the information required to be given to the board of supervisors and the auditor of each affected county pursuant to Chapter 1 (commencing with Section 75350) of Part 8 of this division, the board shall at the same time annually furnish the board of supervisors and the auditor of each affected county the estimated sum of a ground water charge which the board intends to levy in any zone or zones. (Added by Stats. 1965, Ch. 75.)
  126. 75600.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Clerical errors in names, facility descriptions, or charge records do not invalidate a ground water charge if they do not affect the assessee’s substantial rights.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75600. Clerical errors occurring or appearing in the name of any person or in the description of the water-producing facility where the production of water therefrom is otherwise properly charged, or in the making or extension of any charge upon the records which do not affect the substantial rights of the assessee or assessees, shall not invalidate the ground water charge. (Added by Stats. 1965, Ch. 75.)
  127. 75601.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The board may amend the report during the water year, and if it does, the secretary must publish notice and the board must hold a hearing and notify county officials if the groundwater charge is modified.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Levy [75590 - 75601] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75601. (a) Notwithstanding any other provision of law, the board may amend the report prepared pursuant to Section 75561 at any time during the water year. Upon completion of any amended report, the board shall deliver the report to the secretary. (b) The secretary shall publish a notice of the receipt of the amended report and of a public hearing. The notice shall be published pursuant to Section 75571. (c) The board shall hold a public hearing within 30 days after the receipt of the amended report. Persons may appear and submit evidence at the public hearing concerning the groundwater conditions and the surface water supplies of the district. Any person may protest or support the amended report. (d) The board may modify a groundwater charge levied pursuant to Section 75591 if, in the judgment of the board, based on the findings and determinations from the hearing held pursuant to subdivision (c), the modification is necessary. (e) Any groundwater charge modified pursuant to subdivision (d) is subject to Sections 75592, 75593, 75594, 75595, and 75596. (f) Upon the modification of the groundwater charge pursuant to subdivision (d), the board shall notify, in writing, the board of supervisors and the auditor of each county of the modification. (Added by Stats. 1993, Ch. 1195, Sec. 31. Effective January 1, 1994.)
  128. 75610.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The district must notify each operator of a water-producing facility in the zone or zones after levying the ground water charge, and the notice must state the rate for each class of water for each acre-foot to be produced in the next water year.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75610. The district, after the levying of the ground water charge, shall give notice thereof to each operator of each water-producing facility in the zone or zones as disclosed by the records of the district, which notice shall state the rate for each class of water of the ground water charge for each acre-foot of water to be produced during the ensuing water year. The notice may be sent by postal card or by other first-class mail and with postage prepaid by the district. (Added by Stats. 1965, Ch. 75.)
  129. 75611.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Operators of water-producing facilities in the district’s affected zones must file a production statement with the district twice a year after a ground water charge is established, until the facility is permanently abandoned.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75611. After the establishment of a ground water charge, each operator of a water-producing facility within the affected zone or zones of the district, until such time as such water-producing facility has been permanently abandoned, shall file with the district, on or before the 31st day of January and on or before the 31st day of July in each year, a statement setting forth the total production in acre-feet of water for the preceding six-month period (excluding the month in which the statement is due), a general description or number locating each water-producing facility, and the method or basis of the computation, of such water production. (Added by Stats. 1965, Ch. 75.)
  130. 75612.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If no water was produced from a water-producing facility during the preceding six months, a statement must be filed with the district and verified by a written declaration under penalty of perjury.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75612. If no water has been produced from a water-producing facility during the preceding six-month period, a statement shall be filed with the district, setting forth that no water has been produced during such period. Such statement shall be verified by a written declaration that it is made under the penalties of perjury. (Added by Stats. 1965, Ch. 75.)
  131. 75613.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The ground water charge must be paid to the district by the water-production-statement filing deadline, and the amount is calculated from water production by classification.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75613. The ground water charge is payable to the district on or before the last date upon which the water production statement is required to be filed and is computed by multiplying the production in acre-feet of water for each classification as disclosed in the statement by the ground water charge for each classification of water. (Added by Stats. 1965, Ch. 75.)
  132. 75614.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If a water-producing facility in an affected zone is permanently abandoned, the operator must give written notice to the district.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75614. Whenever any water-producing facility in an affected zone is permanently abandoned, the operator thereof shall give written notice of such abandonment to the district. (Added by Stats. 1965, Ch. 75.)
  133. 75615.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If an operator of a water-producing facility does not pay the ground water charge when due, the district must charge 1% interest each month on the overdue amount.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75615. If any operator of a water-producing facility fails to pay the ground water charge when due, the district shall charge interest at the rate of one percent (1%) each month on the delinquent amount of the ground water charge. (Added by Stats. 1965, Ch. 75.)
  134. 75616.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If a water-producing facility operator fails to register or file required water production statements, the district may assess a penalty charge of 10% of the amount due, in addition to interest.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75616. If any operator of a water-producing facility fails to register the water-producing facility, or fails to file the water production statements as required by this article, the district shall, in addition to charging interest as provided in Section 75615, assess a penalty charge against such operator in an amount of 10 percent of the amount found by the district to be due. (Added by Stats. 1965, Ch. 75.)
  135. 75617.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The board may set methods for calculating water produced by an unmeasured water-producing facility when fixing the ground water charge.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75617. The board may, at the time of fixing the ground water charge, establish a method or methods to be used in computing the amount of water produced from a water-producing facility which is not measured by a measuring device. Such methods may be based upon any or all or a combination of the following criteria: (a) The size of water-producing facility discharge opening. (b) The area served by the water-producing facility. (c) The number of persons served by the water-producing facility. (d) The use of land served by the water-producing facility. (e) The crops grown on land served by the water-producing facility. (f) Any other criteria which may be used to determine with reasonable accuracy the amount of water produced from a water-producing facility. (Added by Stats. 1965, Ch. 75.)
  136. 75618.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    For good cause shown, an amended water production statement may be filed or the records may be corrected before the deadline for the next semiannual water production statement.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75618. Upon good cause shown, an amended statement of water production may be filed or a correction of the records may be made at any time prior to the final date for filing the next semiannual water production statement. (Added by Stats. 1965, Ch. 75.)
  137. 75619.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If the district has probable cause or no sworn statement was filed, it may investigate water production and set an amount up to the facility’s maximum production capacity.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75619. If the district has probable cause to believe that the production of water from any water-producing facility is in excess of that disclosed by the sworn statements covering such water-producing facility, or if no statements are filed covering any water-producing facility, the district may cause an investigation and report to be made concerning the production of water from such water-producing facility. The district may fix the amount of water production from such water-producing facility at an amount not to exceed the maximum production capacity of such water-producing facility; provided, however, that where a water-measuring device is permanently attached thereto, the record of production, as disclosed by such water-measuring device, shall be presumed to be accurate and the burden is upon the district to establish to the contrary. (Added by Stats. 1965, Ch. 75.)
  138. 75620.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    After the district makes the Section 75619 determination, it must mail written notice to the person operating the water-producing facility.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75620. After the determination has been made by the district pursuant to Section 75619, a written notice thereof shall be mailed to the person operating the water-producing facility at his address as shown by the district’s records. (Added by Stats. 1965, Ch. 75.)
  139. 75621.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The ground water charge, plus interest and penalties, must be paid right away unless a written protest is filed with the board within 10 days after notice is mailed.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75621. A determination made by the district pursuant to Section 75619 shall be conclusive on all persons having an interest in the water-producing facility involved, and the ground water charge, and the interest and penalties thereon, shall be paid forthwith, unless any such person files with the board, within 10 days after the mailing of the notice of the determination, a written protest setting forth the ground or grounds for protesting the amount of production so fixed. (Added by Stats. 1965, Ch. 75.)
  140. 75622.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If a protest is filed, the board must hold a hearing and determine the total amount of water production and the related ground water charge.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75622. Upon the filing of a protest, the board shall hold a hearing, at which time the total amount of the water production and the ground water charge thereon shall be determined. Such determination shall be conclusive if based upon substantial evidence. (Added by Stats. 1965, Ch. 75.)
  141. 75623.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Notice of the hearing must be mailed to the protestant at least 10 days before the hearing, and the board’s determination notice must also be mailed to each protestant.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75623. A notice of the hearing shall be mailed to the protestant at least 10 days before the date fixed for the hearing. Notice of the determination by the board at the hearing shall be mailed to each protestant, who shall have 10 days from the date of mailing to pay the ground water charge, and the interest and penalties thereon. (Added by Stats. 1965, Ch. 75.)
  142. 75624.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Notice required by specified sections must be given by mailing it in a sealed, postage-paid envelope to the person’s name and address as shown in district records.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Collection [75610 - 75624] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75624. Notice as required in Sections 75620 and 75623 shall be given by deposit thereof in any postal facility regularly maintained by the government of the United States in a sealed envelope with postage paid, addressed to the person on whom it is served at his name and address as disclosed by the records of the district. The service is complete at the time of deposit. (Added by Stats. 1965, Ch. 75.)
  143. 75630.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Court Actions [75630 - 75633] ( Article 5 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    A county superior court may issue a temporary restraining order if the district files a petition or complaint alleging nonregistration of the facility or delinquent payment of a ground water charge.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Court Actions [75630 - 75633] ( Article 5 added by Stats. 1965, Ch. 75. ) ## 75630. The superior court of the county in which a water-producing facility within the district lies may issue a temporary restraining order upon the filing by the district of a petition or complaint setting forth that the person named therein as defendant is the operator of a water-producing facility which has not been registered with the district, or that such defendant is delinquent in the payment of a ground water charge. Such temporary restraining order shall be returnable to the court on or before 10 days after its issuance. Service of process is completed by posting a copy of the summons and complaint upon the water-producing facility or the parcel of land upon which it is located and by personal service upon the named defendant. (Added by Stats. 1965, Ch. 75.)
  144. 75631.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Court Actions [75630 - 75633] ( Article 5 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    A court may enjoin a named defendant from operating a water-producing facility if the defendant failed to register it or owes delinquent ground water charges.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Court Actions [75630 - 75633] ( Article 5 added by Stats. 1965, Ch. 75. ) ## 75631. The court in such action may issue and grant an injunction restraining and prohibiting the named defendant from the operation of any water-producing facility when it is established at the hearing that the defendant has failed to register such water-producing facility with the district or that the defendant is delinquent in payment of ground water charges thereon. The court may provide that the injunction so made and issued shall be stayed for a period not to exceed 10 days to permit the defendant to register the water-producing facility or to pay the delinquent ground water charge. (Added by Stats. 1965, Ch. 75.)
  145. 75632.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Court Actions [75630 - 75633] ( Article 5 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    This section says the injunctive-relief procedure in this article is an additional right, and the Code of Civil Procedure injunction procedure applies unless this article says otherwise.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Court Actions [75630 - 75633] ( Article 5 added by Stats. 1965, Ch. 75. ) ## 75632. The right to proceed for injunctive relief granted by this article is an additional right to those which may be provided elsewhere in this division or otherwise allowed by law. The procedure provided in Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, regarding injunctions, shall be followed except insofar as it is otherwise provided in this article. (Amended by Stats. 1982, Ch. 517, Sec. 411.)
  146. 75633.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Court Actions [75630 - 75633] ( Article 5 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The district may sue to collect delinquent groundwater charges from operators of water-producing facilities in the district, and the court may add interest and penalties to the judgment.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Court Actions [75630 - 75633] ( Article 5 added by Stats. 1965, Ch. 75. ) ## 75633. The district may bring a suit in any court having jurisdiction against any operator of a water-producing facility within the district for the collection of any delinquent groundwater charge. The court may, in addition to allowing recovery of costs to the district as allowed by law, fix and allow as part of the judgment interest and penalties as provided in Sections 75615 and 75616. (Amended by Stats. 1982, Ch. 517, Sec. 412.)
  147. 75634.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. United Water Conservation District [75634 - 75638] ( Article 6 added by Stats. 2017, Ch. 294, Sec. 1. )

    Verify source ↗

    This section defines “district” as the United Water Conservation District for this article.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. United Water Conservation District [75634 - 75638] ( Article 6 added by Stats. 2017, Ch. 294, Sec. 1. ) ## 75634. For the purposes of this article, “district” means the United Water Conservation District. (Added by Stats. 2017, Ch. 294, Sec. 1. (AB 552) Effective January 1, 2018.)
  148. 75634.5.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. United Water Conservation District [75634 - 75638] ( Article 6 added by Stats. 2017, Ch. 294, Sec. 1. )

    Verify source ↗

    The district may inspect water-producing facilities to check compliance, but it must give the operator at least 15 days’ notice by certified mail, and the inspection must have the operator’s consent or a warrant if consent is refused.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. United Water Conservation District [75634 - 75638] ( Article 6 added by Stats. 2017, Ch. 294, Sec. 1. ) ## 75634.5. For the purpose of investigating compliance with any provisions of this division or any district ordinance, the district may inspect any water-producing facility within the boundaries of the district. The district shall give notice to the operator by certified mail not less than 15 days in advance of the scheduled inspection. The inspection shall be made with the consent of the operator of the water-producing facility or, if consent is refused, with a warrant duly issued pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. (Added by Stats. 2017, Ch. 294, Sec. 1. (AB 552) Effective January 1, 2018.)
  149. 75635.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. United Water Conservation District [75634 - 75638] ( Article 6 added by Stats. 2017, Ch. 294, Sec. 1. )

    Verify source ↗

    If an operator of a water-producing facility misses filing a water production statement or fails to pay delinquent groundwater charges when due, the district may impose an administrative charge to recover collection costs. The board may also set by ordinance when that charge can be reduced or waived for excusable or justifiable circumstances.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. United Water Conservation District [75634 - 75638] ( Article 6 added by Stats. 2017, Ch. 294, Sec. 1. ) ## 75635. In addition to those remedies set forth in Sections 75615 and 75616, if the operator of a water-producing facility fails to file a water production statement or pay delinquent groundwater charges when due, the district may assess an administrative charge to recover the cost of collection of delinquent unpaid charges. The board may provide by ordinance that in excusable or justifiable circumstances, the administrative charge may be reduced or waived. (Added by Stats. 2017, Ch. 294, Sec. 1. (AB 552) Effective January 1, 2018.)
  150. 75635.5.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. United Water Conservation District [75634 - 75638] ( Article 6 added by Stats. 2017, Ch. 294, Sec. 1. )

    Verify source ↗

    The district may seek a writ of attachment in a collection suit, and it does not have to furnish a bond or other undertaking for that remedy.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. United Water Conservation District [75634 - 75638] ( Article 6 added by Stats. 2017, Ch. 294, Sec. 1. ) ## 75635.5. (a) In addition to the district’s right to bring a suit against any operator of a water-producing facility within the district for the collection of any delinquent groundwater charges, interest, and penalties as provided in Section 75633, as a provisional remedy in the action the district may seek a writ of attachment against the property of any named defendant in the suit and the district shall not be required to furnish a bond or other undertaking as provided in The Attachment Law (Title 6.5 (commencing with Section 481.010) of Part 2 of the Code of Civil Procedure). (b) The district may recover costs and administrative charges in a suit against any operator of a water-producing facility within the district for the collection of any delinquent groundwater charges, interest, and penalties in accordance with Section 75633 or as otherwise provided in this article. (Added by Stats. 2017, Ch. 294, Sec. 1. (AB 552) Effective January 1, 2018.)
  151. 75636.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. United Water Conservation District [75634 - 75638] ( Article 6 added by Stats. 2017, Ch. 294, Sec. 1. )

    Verify source ↗

    The district may seal a water-producing facility if the operator notifies it that the facility is abandoned, or if the facility is actually abandoned.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. United Water Conservation District [75634 - 75638] ( Article 6 added by Stats. 2017, Ch. 294, Sec. 1. ) ## 75636. In accordance with Section 75614, when an operator provides notice to the district of the abandonment of a water-producing facility or a water-producing facility is in fact abandoned, the district may affix seals to the facility. (Added by Stats. 2017, Ch. 294, Sec. 1. (AB 552) Effective January 1, 2018.)
  152. 75637.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. United Water Conservation District [75634 - 75638] ( Article 6 added by Stats. 2017, Ch. 294, Sec. 1. )

    Verify source ↗

    The district may collect delinquent groundwater charges and related amounts, and it may also order an operator to stop extracting groundwater after a public hearing. It must give the operator at least 15 days’ certified-mail notice before that hearing.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. United Water Conservation District [75634 - 75638] ( Article 6 added by Stats. 2017, Ch. 294, Sec. 1. ) ## 75637. (a) As an alternative to bringing suit pursuant to Section 75633, the district may collect any delinquent groundwater charges and any interest, penalties, costs, and administrative charges. The collection shall be in the same manner as would be applicable to the collection of delinquent assessments, water charges, or tolls. (b) As an additional remedy, the district may order, after a public hearing, an operator to cease extraction of groundwater from a water-producing facility until all delinquent fees and charges are paid. The district shall give notice to the operator by certified mail not less than 15 days in advance of the public hearing. (c) The remedies specified in this section for the collection and enforcement of fees are cumulative, and the district may pursue them alternatively or use them consecutively as determined by the board. (Added by Stats. 2017, Ch. 294, Sec. 1. (AB 552) Effective January 1, 2018.)
  153. 75637.5.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. United Water Conservation District [75634 - 75638] ( Article 6 added by Stats. 2017, Ch. 294, Sec. 1. )

    Verify source ↗

    The district may require an operator to post a cash deposit or bond before future operation of a water-producing facility is allowed after an injunction and stay end.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. United Water Conservation District [75634 - 75638] ( Article 6 added by Stats. 2017, Ch. 294, Sec. 1. ) ## 75637.5. Following the issuance of an injunction restraining the operation of a water-producing facility in accordance with Section 75631 and the termination of any stay, as a condition of allowing future operation of the facility, the district may require the operator to post a cash deposit or bond with the district providing future assurance of payment of delinquent groundwater charges. The district may require the cash deposit or bond to be in an amount equal to the amount of delinquent groundwater charges due for the preceding six-month period. (Added by Stats. 2017, Ch. 294, Sec. 1. (AB 552) Effective January 1, 2018.)
  154. 75638.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. United Water Conservation District [75634 - 75638] ( Article 6 added by Stats. 2017, Ch. 294, Sec. 1. )

    Verify source ↗

    The district may use the article’s remedies separately or at the same time, as the district’s board of directors decides.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 3. Procedure for Levy and Collection [75560 - 75638] ( Chapter 3 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. United Water Conservation District [75634 - 75638] ( Article 6 added by Stats. 2017, Ch. 294, Sec. 1. ) ## 75638. The remedies specified in this article are cumulative and the district may pursue them alternatively or use them concurrently as determined by the board of directors of the district. (Added by Stats. 2017, Ch. 294, Sec. 1. (AB 552) Effective January 1, 2018.)
  155. 75640.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Crimes [75640 - 75642] ( Chapter 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    A person who does not register a water-producing facility when registration is required commits a misdemeanor.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Crimes [75640 - 75642] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 75640. Any person who fails to register a water-producing facility, as required by Chapter 2 (commencing with Section 75540) of this part, is guilty of a misdemeanor. (Added by Stats. 1965, Ch. 75.)
  156. 75641.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Crimes [75640 - 75642] ( Chapter 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Producing water from a required-registered facility is a misdemeanor unless the facility is registered on time and, if required, has the board-required water-measuring device.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Crimes [75640 - 75642] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 75641. Any person who produces water from any water-producing facility required to be registered pursuant to Chapter 2 (commencing with Section 75540) of this part is guilty of a misdemeanor unless such facility has been registered with the district within the time required by Chapter 2 and, if required by the board, has a water-measuring device affixed thereto capable of registering the accumulated amount of water produced therefrom. Each day of operation in violation of this section shall constitute a separate offense. (Added by Stats. 1965, Ch. 75.)
  157. 75642.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Crimes [75640 - 75642] ( Chapter 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    It is a misdemeanor for any person to tamper with certain water-measuring devices or to file false or fraudulent water production statements with intent to evade the part's requirements.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 9. GROUND WATER CHARGE [75500 - 75642] ( Part 9 added by Stats. 1965, Ch. 75. ) ## CHAPTER 4. Crimes [75640 - 75642] ( Chapter 4 added by Stats. 1965, Ch. 75. ) ## 75642. Any person who injures, alters, removes, resets, adjusts, manipulates, obstructs, or in any manner interferes or tampers with, or procures or causes or directs any person to injure, alter, remove, reset, adjust, manipulate, obstruct, or in any manner interfere or tamper with, any water-measuring device affixed to any water-producing facility as required by Chapter 2 (commencing with Section 75540) of this part, so as to cause such device to improperly or inaccurately measure and record the water production, or any person who, with intent to evade any provision or requirement of this part, files with the district any false or fraudulent water production statement, is guilty of a misdemeanor. (Added by Stats. 1965, Ch. 75.)
  158. 75750.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. In General [75750 - 75751] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    A district’s boundaries may be changed, and land may be excluded from the district, under the procedures in this chapter.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. In General [75750 - 75751] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75750. The boundaries of a district may be changed and tracts of land may be excluded therefrom, in the manner prescribed in this chapter. Neither such change of the boundaries of the district nor such exclusion of lands from the district shall impair or affect its organization, or its right in or to property, or any of its rights or privileges of whatever kind or nature; nor shall it affect, impair, or discharge any contract, obligation, lien, or charge for or upon which the district was or may become liable or chargeable, had such change of its boundaries not been made, or had not such land been excluded from the district. (Added by Stats. 1965, Ch. 75.)
  159. 75751.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. In General [75750 - 75751] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    A court-authorized guardian, executor, or estate administrator may sign and acknowledge a petition to exclude lands and may argue against changing the district boundaries.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. In General [75750 - 75751] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75751. A guardian, executor, or an administrator of an estate, who is appointed as such under the laws of this state, and who, as such guardian, executor, or administrator, is entitled to the possession of the lands belonging to the estate which he represents, may, on behalf of his ward or the estate which he represents, upon being authorized by the proper court, sign and acknowledge a petition for exclusion of lands, and may show cause, as provided in this chapter, why the boundaries of the district should not be changed. (Added by Stats. 1965, Ch. 75.)
  160. 75760.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75760 - 75764] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Owners in fee of qualifying land may file a petition with the board to have the land excluded from the district.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75760 - 75764] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75760. The owner or owners in fee of one or more tracts of land which constitute a portion of a district and which severally or in their entirety are contiguous to the exterior boundaries of the district may jointly or severally file with the board a petition, praying that such tract or tracts, and any other tracts contiguous thereto, be excluded from the district. (Added by Stats. 1965, Ch. 75.)
  161. 75761.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75760 - 75764] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    A petition to exclude lands must state the reasons for exclusion and describe the land boundaries and the petitioner’s land within them.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75760 - 75764] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75761. The petition for exclusion of lands shall state the grounds and reasons upon which it is claimed that the lands should be excluded. The petition shall describe the boundaries of the lands, and shall describe the lands of the petitioner or petitioners which are included within such boundaries. The description of such lands need not be more particular or certain than is required when the lands are entered in the assessment book by the county assessor. (Added by Stats. 1965, Ch. 75.)
  162. 75762.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75760 - 75764] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    A petition to exclude land must be acknowledged in the same manner and form required for a land conveyance.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75760 - 75764] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75762. The petition for exclusion of lands shall be acknowledged in the manner and form as is required in the case of conveyance of land, and the acknowledgment shall have the same force and effect as evidence as the acknowledgment of such a conveyance. (Added by Stats. 1965, Ch. 75.)
  163. 75763.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75760 - 75764] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The secretary must arrange notice of a petition to exclude lands to be published, or posted if no newspaper is available.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75760 - 75764] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75763. The secretary shall cause a notice of the filing of the petition for exclusion of lands to be published for at least once a week for two weeks in some newspaper published in the county where the office of the board is situated. If any portion of the territory asked to be excluded lies within another county or counties, the notice shall be so published in a newspaper published within each of such counties; or if no newspaper is published therein, the notice shall be posted for the same time in at least three public places in the district. In case of the posting of such notices, one of such notices shall be so posted on the lands proposed to be excluded. (Added by Stats. 1965, Ch. 75.)
  164. 75764.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75760 - 75764] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The notice for a petition to exclude lands must identify the filing, petitioners, affected lands, and what the petition asks for, and it must tell interested or affected persons when and where to appear and object in writing.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75760 - 75764] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75764. The notice of the filing of the petition for exclusion of lands shall state the filing of the petition, the names of the petitioners, a description of the lands mentioned in the petition, and the prayer of the petition. It shall notify all persons interested in, or who may be affected by, the change of the boundaries of the district, to appear at the office of the board at a time named in the notice and show cause, in writing, if any they have, why the change of the boundaries of the district, as proposed in the petition, should not be made. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. (Added by Stats. 1965, Ch. 75.)
  165. 75780.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75780 - 75784] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The board must hear the petition and related evidence or objections at the noticed hearing (or an adjourned hearing), and it must take the evidence down in shorthand, make a record, and file it with the board.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75780 - 75784] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75780. The board, at the time and place mentioned in the notice of the filing of the petition for exclusion of lands, or at the time or times to which the hearing of the petition may be adjourned, shall proceed to hear the petition, all evidence or proofs that are introduced by or on behalf of the petitioner or petitioners, and all objections to the petition that are presented in writing by any person showing cause why the change of boundaries should not be made, and all evidence and proofs that are introduced in support of such objections. Such evidence shall be taken down in shorthand, and a record made thereof and filed with the board. (Added by Stats. 1965, Ch. 75.)
  166. 75781.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75780 - 75784] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If an interested person does not file a written objection, that silence counts as assent to excluding the land from the district; petitioners are also treated as assenting when they file the petition.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75780 - 75784] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75781. The failure of any person interested in the district, other than the holders of bonds thereof outstanding at the time of the filing of the petition for exclusion of lands, to show cause, in writing, why the tract or tracts of land mentioned in the petition should not be excluded from the district shall be deemed and taken as an assent by him to the exclusion of such tract or tracts of land, or any part thereof, from the district; and the filing of such petition shall be deemed and taken as an assent by each petitioner to the exclusion from the district of the lands mentioned in the petition, or any part thereof. (Added by Stats. 1965, Ch. 75.)
  167. 75782.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75780 - 75784] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The person or persons filing a petition for exclusion of lands must pay the notice and proceeding expenses.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75780 - 75784] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75782. The expenses of giving the notice of the filing of the petition for exclusion of lands and of the proceedings on the petition shall be paid by the person or persons filing the petition. (Added by Stats. 1965, Ch. 75.)
  168. 75783.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75780 - 75784] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If a petition to exclude lands is heard and lacks supporting evidence, fails on the evidence, or the board thinks exclusion is not in the district’s best interest, the board must deny the petition for those lands.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75780 - 75784] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75783. If, upon the hearing of the petition for exclusion of lands, no evidence or proofs in support thereof are introduced, or if the evidence fails to sustain the petition, or if the board deems it not for the best interest of the district that the lands, or some portion thereof, mentioned in the petition, should be excluded from the district, the board shall order that the petition be denied as to such lands. (Added by Stats. 1965, Ch. 75.)
  169. 75784.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75780 - 75784] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The board may exclude lands from the district by unanimous vote, and must exclude lands that the members judge will not be benefited by the district’s operations.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75780 - 75784] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75784. If the board deems it for the best interest of the district that the lands mentioned in the petition for exclusion of lands, or some portion thereof, be excluded from the district, and if no person interested in the district shows cause in writing why such lands or some portion thereof, should not be excluded from the district, or if, having shown cause, withdraws his objections, or upon the hearing fails to establish such objections as he may have made, the board may, by unanimous vote of all of its members, make an order that the lands mentioned and described in the petition, or some defined portion thereof, be excluded from said district. The board shall order the exclusion of all lands petitioned to be excluded from the district which, in the judgment of all of its members, will not be benefited by the operations of the district. (Added by Stats. 1965, Ch. 75.)
  170. 75800.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Recordation of Change of Boundaries and Filing of Certificate [75800 - 75802] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If the board excludes land from the district, it must enter the boundary description in the board minutes, and it may order a survey of needed parts of the district.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Recordation of Change of Boundaries and Filing of Certificate [75800 - 75802] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75800. If the board excludes any lands from the district, it shall make an entry in the minutes of the board describing the boundaries of the district, if the exclusion of the lands from the district changes the boundaries of the district, and for that purpose the board may cause a survey to be made of such portions of the district as the board deems necessary. (Added by Stats. 1965, Ch. 75.)
  171. 75801.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Recordation of Change of Boundaries and Filing of Certificate [75800 - 75802] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    A certified copy of the board minutes entry excluding any land must be filed in the recorder’s office of each affected county.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Recordation of Change of Boundaries and Filing of Certificate [75800 - 75802] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75801. A certified copy of the entry in the minutes of the board excluding any land, certified by the president and secretary, shall be filed for record in the recorder’s office of each affected county. (Added by Stats. 1965, Ch. 75.)
  172. 75802.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Recordation of Change of Boundaries and Filing of Certificate [75800 - 75802] ( Article 4 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    When land is excluded from a district, the board must file a certificate with the Secretary of State. A copy of the exclusion order may be filed instead if it includes all required certificate information.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Recordation of Change of Boundaries and Filing of Certificate [75800 - 75802] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75802. Upon exclusion of land from the district, the board shall file a certificate with the Secretary of State stating: (a) The name of the district. (b) The effective date of the exclusion. (c) The county or counties in which the district is located, and a description of the land excluded, or reference to a map showing the boundaries of such excluded land, 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 exclusion order contains all of the information required to be in the certificate, the board may file a copy of the order in lieu of the certificate. (Added by Stats. 1965, Ch. 75.)
  173. 75810.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Bondholders’ Assent to Exclusion [75810 - 75813] ( Article 5 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If the district has outstanding bonds when land is petitioned for exclusion, the bondholders may give written assent to the exclusion.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Bondholders’ Assent to Exclusion [75810 - 75813] ( Article 5 added by Stats. 1965, Ch. 75. ) ## 75810. If there are outstanding bonds of the district at the time of the filing of the petition for exclusion of lands, the holders of such outstanding bonds may give their assent, in writing, to the effect that they severally consent that the lands mentioned in the petition, or such portion thereof as may be excluded from the district by order of the board, may be excluded from the district; and if such lands, or any portion thereof, are thereafter excluded from the district, the lands so excluded shall be released from the lien of such outstanding bonds. (Added by Stats. 1965, Ch. 75.)
  174. 75811.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Bondholders’ Assent to Exclusion [75810 - 75813] ( Article 5 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Bondholders must acknowledge the assent in the same manner required for a land conveyance.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Bondholders’ Assent to Exclusion [75810 - 75813] ( Article 5 added by Stats. 1965, Ch. 75. ) ## 75811. The assent shall be acknowledged by the several holders of the outstanding bonds in the same manner and form as is required in case of a conveyance of land, and the acknowledgment shall have the same force and effect as evidence as the acknowledgment of such conveyance. (Added by Stats. 1965, Ch. 75.)
  175. 75812.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Bondholders’ Assent to Exclusion [75810 - 75813] ( Article 5 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The assent must be filed with the board and entered in the board minutes; a secretary-certified copy of the minutes can be recorded with the county recorder.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Bondholders’ Assent to Exclusion [75810 - 75813] ( Article 5 added by Stats. 1965, Ch. 75. ) ## 75812. The assent shall be filed with the board, and shall be recorded in the minutes of the board; and such minutes, or a copy thereof, certified by the secretary, shall be admissible in evidence, with the same effect as the assent, and such certified copy thereof may be recorded in the office of the county recorder of the county wherein the excluded lands are situated. (Added by Stats. 1965, Ch. 75.)
  176. 75813.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Bondholders’ Assent to Exclusion [75810 - 75813] ( Article 5 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If certain bondholders assent, excluded lands are released from the related bond lien.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 5. Bondholders’ Assent to Exclusion [75810 - 75813] ( Article 5 added by Stats. 1965, Ch. 75. ) ## 75813. If the holders of outstanding bonds of the district which are payable from assessments upon real property give their assent, as provided in Section 75810, to the exclusion of lands from the district, the assent shall release all real property which is excluded from the district by virtue of the exclusion of such lands from the lien of such outstanding bonds. (Added by Stats. 1965, Ch. 75.)
  177. 75830.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Effect of Exclusion [75830 - 75835] ( Article 6 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    A district remains a district even if land is excluded from it.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Effect of Exclusion [75830 - 75835] ( Article 6 added by Stats. 1965, Ch. 75. ) ## 75830. A district, notwithstanding the exclusion of lands therefrom, shall be and remain a district as fully, to every intent and purpose, as it would be had no change been made in the boundaries of the district, or had the lands excluded therefrom never constituted a portion of the district. (Added by Stats. 1965, Ch. 75.)
  178. 75831.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Effect of Exclusion [75830 - 75835] ( Article 6 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Lands excluded from a district still remain liable for valid outstanding bonds and other district debt that existed when the exclusion petition was filed.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Effect of Exclusion [75830 - 75835] ( Article 6 added by Stats. 1965, Ch. 75. ) ## 75831. Nothing in this division shall, in any manner, operate to release any of the lands excluded from a district from any obligation to pay, or from any lien thereon of, any valid outstanding bonds or other indebtedness of the district at the time of the filing of the petition for exclusion of such lands, but upon the contrary, such lands shall be held subject to such lien and answerable and chargeable for and with the payment and discharge of all of such outstanding obligations at the time of the filing of the petition for exclusion, as fully as though such petition were never filed and the order of exclusion never made. (Added by Stats. 1965, Ch. 75.)
  179. 75832.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Effect of Exclusion [75830 - 75835] ( Article 6 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Excluded lands remain liable for pre-exclusion outstanding debt, but not for obligations incurred after the exclusion petition is filed.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Effect of Exclusion [75830 - 75835] ( Article 6 added by Stats. 1965, Ch. 75. ) ## 75832. For the purpose of discharging the outstanding indebtedness at the time of the filing of the petition for exclusion of lands, the lands excluded shall be deemed and considered as part of the district the same as though the petition for its exclusion had never been filed or the order of exclusion never made. All provisions which may have been resorted to to compel the payment by such lands of their quota or portion of such outstanding obligations had such exclusion never been accomplished, may, notwithstanding such exclusion, be resorted to to compel and enforce the payment on the part of such lands of their quota or portion of such outstanding obligations for which they are liable. Such lands shall not be held answerable or chargeable for any obligation of any nature or kind whatever incurred after the filing with the board of the petition for the exclusion of such lands from the district. (Added by Stats. 1965, Ch. 75.)
  180. 75833.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Effect of Exclusion [75830 - 75835] ( Article 6 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Sections 75831 and 75832 do not apply to outstanding bonds if the bond holders have agreed to the exclusion of the lands from the district.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Effect of Exclusion [75830 - 75835] ( Article 6 added by Stats. 1965, Ch. 75. ) ## 75833. The provisions of Sections 75831 and 75832 shall not apply to any outstanding bonds, the holders of which have assented to the exclusion of the lands from the district, as provided in Article 5 (commencing with Section 75810) of this chapter. (Added by Stats. 1965, Ch. 75.)
  181. 75834.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Effect of Exclusion [75830 - 75835] ( Article 6 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Excluded land can still be treated as part of the district to pay outstanding bonded debt, unless the bondholders agreed to the exclusion.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Effect of Exclusion [75830 - 75835] ( Article 6 added by Stats. 1965, Ch. 75. ) ## 75834. If any of the outstanding bonds are payable from assessments upon all real property in the district, any real property excluded from the district by virtue of the exclusion of lands from said district shall, notwithstanding such exclusion, be considered a part of such district for the purpose of discharging such outstanding bonded indebtedness and shall be and remain liable to be taxed to pay the principal of and interest on such outstanding bonded indebtedness until such outstanding bonded indebtedness and the interest thereon is fully paid; except that the provisions of this section shall not apply to any outstanding bonds, the holders of which have assented to the exclusion of such lands from the district. (Added by Stats. 1965, Ch. 75.)
  182. 75835.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Effect of Exclusion [75830 - 75835] ( Article 6 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If exclusion leaves a district division with most of its land excluded, the division director’s office becomes vacant 10 days after the board’s final exclusion order.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 1. Exclusion [75750 - 75835] ( Chapter 1 added by Stats. 1965, Ch. 75. ) ## ARTICLE 6. Effect of Exclusion [75830 - 75835] ( Article 6 added by Stats. 1965, Ch. 75. ) ## 75835. If the land excluded from any district embraces the greater portion of any division or divisions of such district, the office of director for such division or divisions shall become and be vacant at the expiration of 10 days from the final order of the board excluding such lands. Such vacancy or vacancies shall be filled pursuant to Section 1780 of the Government Code. (Amended by Stats. 1975, Ch. 1059.)
  183. 75850.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. In General [75850 - 75852] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    A district’s boundaries may be changed to add land, including land that is not contiguous, and such changes do not affect the district’s organization or existing property and contractual rights.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. In General [75850 - 75852] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75850. The boundaries of a district may be changed to include additional land within the district as provided in this chapter, and the inclusion within a district of any land not contiguous thereto shall be deemed to effect a change of the boundaries of the district. No such change in the boundaries of a district shall impair or affect its organization, or its right in or to property, or any of its rights or privileges of whatsoever kind or nature; nor shall it affect, impair, or discharge any contract, obligation, lien, or charge for or upon which the district was or might become liable or chargeable had such change of its boundaries not been made. (Added by Stats. 1965, Ch. 75.)
  184. 75851.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. In General [75850 - 75852] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If the district owns land outside its boundaries and the board finds inclusion is in the district’s best interests, the board may include that land by resolution, effective immediately.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. In General [75850 - 75852] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75851. When a district is the sole owner of any tract of land not within the boundaries of the district, the board, upon determining that the inclusion of that land will be for the best interests of the district, may by resolution declare that such land shall be included in the district. The inclusion of such land within the district is effective immediately upon the adoption of the resolution. (Added by Stats. 1965, Ch. 75.)
  185. 75852.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. In General [75850 - 75852] ( Article 1 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    A court-authorized guardian, executor, or administrator may sign and acknowledge a petition to include lands, and may also show cause against changing the district boundaries.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 1. In General [75850 - 75852] ( Article 1 added by Stats. 1965, Ch. 75. ) ## 75852. A guardian, executor, or administrator of an estate, who is appointed as such under the laws of this state, and who, as such guardian, executor, or administrator, is entitled to the possession of the lands belonging to the estate which he represents, may, on behalf of his ward or the estate which he represents, upon being authorized by the proper court, sign and acknowledge petition for the inclusion of lands, and may show cause, as provided in this chapter, why the boundaries of the district should not be changed. (Added by Stats. 1965, Ch. 75.)
  186. 75860.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75860 - 75864] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Certain land title holders may file a petition asking that their tract be included in the district.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75860 - 75864] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75860. The holder of title or evidence of title, to any tract of land, or if there is more than one holder of title or evidence of title to such tract, the majority of such holders who are also the holders of title or evidence of title to at least one-half of the area of such land, may file in the office of the board a petition praying that such tract of land be included within the district. A petitioner who is the owner of an undivided interest in such land, or any of it, shall be deemed the owner of such proportion of the area of the land in which he has an interest as his interest bears to the whole of such land. (Added by Stats. 1965, Ch. 75.)
  187. 75861.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75860 - 75864] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Signatures on a petition to include lands must be acknowledged or proved as required by law for signatures on a recordable instrument.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75860 - 75864] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75861. Each signature to the petition for inclusion of lands shall be acknowledged or proved as provided by law for signatures to an instrument to entitle it to be recorded. (Added by Stats. 1965, Ch. 75.)
  188. 75862.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75860 - 75864] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The secretary must cause notice of the filing of a petition for inclusion of lands to be given and published.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75860 - 75864] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75862. The secretary shall cause a notice of the filing of the petition for inclusion of lands to be given and published in the same manner and for the same time as notices of elections for the issuance of bonds are required to be given and published. (Added by Stats. 1965, Ch. 75.)
  189. 75863.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75860 - 75864] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The notice for a petition to include land in a district must state the petition’s purpose, describe the land, name the petitioners, and tell interested people when and where to appear and object in writing.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75860 - 75864] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75863. The notice of the filing of the petition for inclusion of lands shall state the purpose of the petition, describe the boundaries of the tract of land proposed to be included, and give the names of the petitioners. It shall also notify all persons interested in, or who may be affected by, the proposed inclusion of the land within the district to appear at the office of the board at a time named in the notice for the hearing of the petition and objections thereto and show cause, in writing, if any they have, why the land or any of it should not be included as proposed in the petition. The time to be specified in the notice for the hearing shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. (Added by Stats. 1965, Ch. 75.)
  190. 75864.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75860 - 75864] ( Article 2 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    Petitioners must advance enough money to the secretary to pay for publishing notice of the petition to include lands, and that money must be refunded if the petition is granted in whole or in part.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 2. Petition and Notice [75860 - 75864] ( Article 2 added by Stats. 1965, Ch. 75. ) ## 75864. The petitioners shall advance to the secretary sufficient money to pay for the publication of the notice of the filing of the petition for the inclusion of lands, which shall be refunded to the petitioners if the petition is granted in whole or in part. (Added by Stats. 1965, Ch. 75.)
  191. 75880.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75880 - 75887] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    The board must hear the petition for inclusion of lands and any written objections to it.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75880 - 75887] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75880. The board, at the time and place mentioned in the notice of the filing of the petition for inclusion of lands, or at the time or times to which the hearing of the petition may be postponed, shall proceed to hear the petition and all the objections thereto presented in writing by any person showing cause why the proposed change of boundaries of the district should not be made. (Added by Stats. 1965, Ch. 75.)
  192. 75881.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75880 - 75887] ( Article 3 added by Stats. 1965, Ch. 75. )

    Verify source ↗

    If an interested person does not file a written objection, that failure is treated as assent to the proposed boundary change. Filing the petition is also treated as assent by each petitioner to a boundary change that includes all or part of the lands described.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75880 - 75887] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75881. The failure of any person interested in the district, or in the matter of the proposed change of its boundaries, to show cause in writing why the proposed change of boundaries of the district should not be made shall be deemed and taken as an assent by him to the change of the boundaries of the district as prayed for in the petition for the inclusion of lands, or to such a change of such boundaries as will include a part of the lands; and the filing of such petition shall be deemed and taken as an assent on the part of each petitioner to such a change of the boundaries as may include the whole or any portion of the lands described in the petition. (Added by Stats. 1965, Ch. 75.)
  193. 75882.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75880 - 75887] ( Article 3 added by Stats. 1965, Ch. 75. )

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    If the board finds the petition meets the required article and inclusion would benefit the district, and there is no sufficient protest, the board must change the district boundaries to include the land or part of it.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75880 - 75887] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75882. If the board, after the hearing, determines that the petition for inclusion of lands complies with the requirements of Article 2 (commencing with Section 75860) of this chapter and that the inclusion within the distict of the tract of land described in the petition, or some portion or portions thereof, will be for the best interests of the district, and if no protest against the inclusion of such land is made, or if such protest is made and enough signatures are withdrawn therefrom so that the protest is no longer sufficient, the board shall order the boundaries of the district to be changed so that the tract of land, or such portion or portions thereof as the board deems it for the best interests of the district to include, shall be included in the district. (Added by Stats. 1965, Ch. 75.)
  194. 75883.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75880 - 75887] ( Article 3 added by Stats. 1965, Ch. 75. )

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    If the board decides only part of the tract should be included, the petition must be dismissed unless the petitioners meet the stated ownership-area requirement or written consent is filed within 60 days.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75880 - 75887] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75883. If the board determines that only a portion or certain portions of the tract of land described in the petition for inclusion of lands should be included, the petition shall be dismissed unless: (a) The petitioners include a majority of the holders of title or evidence of title of such portion, or of each of such portions, of the tract, representing also at least one-half the area of such portion, or of each of such portions; or (b) Within 60 days from the time such determination is made, there is filed with the board the consent in writing, acknowledged or proved as required in Section 75861, of a majority of the holders of title or evidence of title of such portion, or of each of such portions, of the tract of land, representing also at least one-half of the area of such portion or each of such portions. (Added by Stats. 1965, Ch. 75.)
  195. 75884.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75880 - 75887] ( Article 3 added by Stats. 1965, Ch. 75. )

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    When changing district boundaries, the order must describe the included land’s boundaries, and if the land adjoins the district, the matching district boundary segment too. The board may also order a survey of needed boundary portions.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75880 - 75887] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75884. The order changing the boundaries shall describe the boundaries of the land included within the district, and if such land adjoins any portion of the district, the order shall also describe that portion of the boundary of the district which coincides with the boundary of the land included. For the purposes of the order, the board may cause a survey to be made of such portions of such boundaries as it deems necessary. (Added by Stats. 1965, Ch. 75.)
  196. 75885.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75880 - 75887] ( Article 3 added by Stats. 1965, Ch. 75. )

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    If more than one inclusion petition has been presented, the board may include multiple separate tracts of land in a single order.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75880 - 75887] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75885. If more than one petition for the inclusion of land has been presented, the board may in one order include within the district any number of separate tracts of land. (Added by Stats. 1965, Ch. 75.)
  197. 75886.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75880 - 75887] ( Article 3 added by Stats. 1965, Ch. 75. )

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    Public land of the United States may be included in a district unless federal law provides otherwise.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75880 - 75887] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75886. Any public land of the United States may be included within a district, except as may be provided otherwise by federal law. (Added by Stats. 1965, Ch. 75.)
  198. 75887.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75880 - 75887] ( Article 3 added by Stats. 1965, Ch. 75. )

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    The board may require petitioners to pay estimated sums to the district as a condition for granting a petition to include land.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 3. Hearing and Order [75880 - 75887] ( Article 3 added by Stats. 1965, Ch. 75. ) ## 75887. The board may require, as a condition precedent to the granting of the petition for inclusion of lands, that the petitioners severally pay to the district such respective sums, as nearly as they can be estimated (the several amounts to be determined by the board), as the petitioners or their predecessors in interest would have been required to pay to the district as assessments had the lands been included in the district at the time the district was originally formed. (Added by Stats. 1965, Ch. 75.)
  199. 75900.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Election [75900 - 75907] ( Article 4 added by Stats. 1965, Ch. 75. )

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    If certain protest conditions are met, the board must adopt a resolution stating the facts and the boundaries of the land proposed for inclusion.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Election [75900 - 75907] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75900. If a protest against the inclusion of lands, signed by not less than 3 percent of the holders of title or evidence of title to lands within the district who hold the title or evidence of title to not less than 3 percent in value of the lands within the district according to the last equalized assessment roll of the county within which such lands are situated, is presented to the board and upon the hearing of the matter such protest is not withdrawn, or after the withdrawal therefrom of any signatures it is still signed by not less than 3 percent of the holders of title or evidence of title to lands within the district who hold the title or evidence of title to not less than 3 percent in value of the lands within the district according to the last equalized assessment roll of the county within which such lands are situated, or if the board deems it not for the best interests of the district to include therein the lands described in the petition for inclusion, or any of them, the board shall adopt a resolution stating the facts and describing the boundaries of the tract of land proposed to be included in the district. (Added by Stats. 1965, Ch. 75.)
  200. 75901.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Election [75900 - 75907] ( Article 4 added by Stats. 1965, Ch. 75. )

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    If the resolution under Section 75900 is adopted, the board must hold an election within the district, set the election time, and give and publish notice.

    ## Water Code - WAT ## DIVISION 21. WATER CONSERVATION DISTRICTS [74000 - 76501] ( Division 21 added by Stats. 1965, Ch. 75. ) ## PART 10. CHANGES IN ORGANIZATION [75750 - 76061] ( Part 10 added by Stats. 1965, Ch. 75. ) ## CHAPTER 2. Inclusion [75850 - 75939] ( Chapter 2 added by Stats. 1965, Ch. 75. ) ## ARTICLE 4. Election [75900 - 75907] ( Article 4 added by Stats. 1965, Ch. 75. ) ## 75901. Upon the adoption of the resolution pursuant to Section 75900, the board shall order that an election be held within the district to determine whether the boundaries shall be changed as mentioned in such resolution; and shall fix the time at which such election shall be held, and cause notice thereof to be given and published. (Added by Stats. 1965, Ch. 75.)

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