Water Code, 1943

Certain districts, corporations, or persons may claim the reasonable value of specified rights-of-way and related works from the drainage district if they act with the board’s consent.

An easement must be levied on benefited lands in the drainage district so the claim can be paid.

The cost of a claim may be included as an item in any assessment levied in the drainage district, instead of levying an assessment under Section 9002.

This section defines “with the permission of the board” and “with the consent of the board” as express board approval in each case, recorded by resolution or order in the minutes.

Before granting permission, the board may require the applicant to submit detailed plans, specifications, and cost estimates, and may set a maximum compensation limit in the permission order.

If the board decides certain land or flood-control works need fee title or absolute ownership, it may require that title be conveyed to the drainage district before compensation is paid.

Compensation paid to a municipal corporation or person under this chapter must be used to pay any assessment on land owned by that municipal corporation or person.

Compensation paid to a reclamation, levee, or drainage district must be applied pro rata to unpaid assessment balances on land in that district.

If the compensation under the previous section is more than the total credits on the district land assessments, the extra amount must be paid to the district.

For certain reclamation, levee, or drainage districts with outstanding warrants or bond issues, compensation under this article must be paid directly to the district.

If a reclamation district receives compensation or the proceeds of compensation, its board of trustees must pay or deliver that money to the county treasurer who keeps the district funds.

The county treasurer must place compensation paid to a reclamation district into the district fund from which warrants are payable.

If a levee district or drainage district receives compensation, its governing body must pay or deliver it to the officer who keeps the funds, and that officer must place it in the district’s proper funds.

If compensation is paid to a reclamation, levee, or drainage district, the district must use it to pay its outstanding warrants.

If certain districts have outstanding bonds, the board of trustees must direct the district treasurer or other custodian of district funds to use leftover compensation, after warrants are paid, to pay bond interest, principal, or both.

The county treasurer, or other officer holding district funds, must follow the directions given and transfer the necessary amount to the proper fund.

The county treasurer must transfer enough money from the district’s general fund to its bond and interest fund.

A district, association, or corporation may act under this article through a majority of its trustees or other governing body.

A qualifying reclamation district may exchange certain warrants for its outstanding warrants at par plus accrued interest.

A person who owns and holds reclamation district warrants may apply to the district’s board of trustees to exchange those warrants.

The board of trustees of the reclamation district must make the exchange when an application is made under the previous section.

If an exchange has been made, the reclamation district’s board of trustees must notify the county treasurer in the county where the land is located.

After an exchange is completed, the district must mark its warrants with the stated surrender notation.

Proper entries of the surrender payment must be recorded in the reclamation district’s books and in the county treasurer’s books.

The county treasurer must make the exchange of drainage district warrants when the warrants are in the treasurer’s custody and someone applies for the exchange.

In certain new, additional, or supplemental assessments of a reclamation district, two assessment amounts must be determined for each tract of land.

If a tract would be assessed more than the amount it would have been entitled to receive in a distribution, the excess is assessed to that tract.

If an assessment amount is below what the tract or owner was entitled to, the reclamation district must pay the difference to the owner.

Certain reclamation, levee, or drainage districts may use their project 6 warrants to pay assessment 6 on qualifying lands.

An officer authorized to collect the assessments in this article must accept tendered warrants at face value plus accrued interest.

Payments in warrants must be made pro rata across all lands in the district that are subject to the assessment.

The board of trustees of a reclamation, levee, or drainage district may choose whether to apply warrants to pay the assessment or use them as provided in Article 2.

When the board of trustees requests it, the county treasurer must return delivered warrants to the appropriate district.

If the district paid an assessment on land with warrants using non-district funds, it must give the landowner a drainage district warrant tied to project number 6.

Trustees may return certain district warrants for cancellation if they believe future assessments will cover them and at least 85% of the needed money will come from district land assessments; the board must then cancel the warrants.

Trustees must not return warrants to the board for cancellation when an assessment is being levied to pay those warrants, unless the board consents.

Certain local districts and public entities may spend money or enter contracts to reduce or remove a specific assessment lien; trustees may use district funds for those purposes.

This chapter’s definitions control how this part of the code is read, unless the context requires a different meaning.

In this section, “Board” means the reclamation board.

This section defines “drainage district” as the Sacramento and San Joaquin Drainage District.

The board may add to an assessment order a determination that bonds should be issued to raise money for the works or expenses covered by the assessment, but only after the assessment is completed and the hearings are finished.

If the board decides by order to issue bonds, later assessment, collection, and other money-raising proceedings must follow this part.

If the board decides it is best to issue bonds, the original assessment lists must not be deposited with the county treasurers and must be kept in the board’s office until the related judicial proceeding is finally determined.

The board must use bond-sale money to continue and complete the drainage district works or project tied to the assessed bonds.

An officer may not charge or receive a fee for services the officer is required to perform under this part.

Reasonable and necessary expenses an officer actually incurs while carrying out assessment collection or enforcement provisions must be paid from the applicable drainage district funds.

If covered board-related officials fail to perform duties imposed by this part, the Attorney General must compel performance.

If the board decides bonds should be issued, an action to determine the assessment’s validity may be brought under the cited civil procedure chapter.

The court may not consider an objection to an assessment unless the objection was first made in writing to the board as provided in Part 4.

A judgment must refer to the assessment apportioned to each county separately.

An assessment is not treated as substantially modified, and no reapportionment is needed, unless a court judgment changes the total assessment by more than 2.5% up or down.

Assessment lists are conclusive evidence of how assessment has been apportioned, unless a judicial judgment annuls them or changes them.