text: A district by contract may acquire and operate any needed or desirable equipment to put water under its control to any beneficial use.

article: 1. Powers Generally


kind: section

code: WAT

text:
A district may employ an expert in agriculture and related matters and other employees as may be deemed necessary to do any of the following:

(a) Supervise the construction of works for the irrigation or protection of land.

(b) Advise the owners of land or any persons engaged in farming the land of methods of increasing the productiveness of the land or as to any matters of husbandry.

(c) Conduct experiments as prescribed by the board.

(d) Perform duties for the general welfare of the people of the district as prescribed by the board.

history: (History: Added by Stats. 1943, Ch. 372.)

division: 11. IRRIGATION DISTRICTS

chapter: 2. Powers

article: 1. Powers Generally

path: 11. IRRIGATION DISTRICTS > 2. Powers > 1. Powers Generally


text: Any district and any county may enter into a contract agreeing to pay and apportion between them the costs of locating, removing, repairing, or relocating any facilities owned or to be owned by either party on the roads or other property of the other in such proportion and upon such terms as the governing boards of the parties shall determine to be equitable.

history: (History: Added by Stats. 1955, Ch. 1879.)

article: 1. Powers Generally


text:
A district may contract to operate, maintain, or improve ditches and laterals not owned by the district upon petition of at least two-thirds of the owners of land served by such ditches or laterals.

In order to carry out the purposes of this section, a district may make such contracts as the board deems necessary, including but not limited to loan and repayment contracts, construction contracts, and rental of equipment contracts.

The amendment of this section made at the 1963 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the pre-existing law.

history: (History: Amended by Stats. 1963, Ch. 524.)

article: 1. Powers Generally


text: A district may disseminate information to the public concerning the rights, properties, and activities of the district.

history: (History: Added by Stats. 1972, Ch. 330.)

article: 1. Powers Generally


text: All water distributed by districts for irrigation purposes shall except when otherwise provided in this article be apportioned ratably to each landowner upon the basis of the ratio which the last assessment against his land for district purposes bears to the whole sum assessed in the district for district purposes.

article: 2. Water Distribution

path: 11. IRRIGATION DISTRICTS > 2. Powers > 2. Water Distribution


text: Any landowner may assign for use within the district his right to the whole or any portion of the water apportioned to him pursuant to Section 22250.

article: 2. Water Distribution


text: When any charges for the use of water are fixed by a district the water for the use of which the charges have been fixed shall be distributed equitably as determined by the board among those offering to make the required payment.

article: 2. Water Distribution


text: The board by the unanimous vote of all of the directors may specify a date prior to which applications for water for the ensuing irrigation season are to be received for all crops or for annual crops and new plantings and may require a cash deposit not to exceed the water charge for the water applied for, to be made at the time of application for each acre for which application is made. The cash deposit shall in the discretion of the board be forfeited as to each acre not using the water applied for if the district has water available to supply the same. In the event of water shortage the board may with respect to the shortage area in its discretion give preference to or serve only the land for which application was filed prior to the date set and the land for which no application was required. Any date so fixed shall be effective for each year thereafter unless changed by the board if notice thereof is published not later than April 1st in the year in the manner prescribed for the publication of the notice provided for in Section 22252.2. Nothing in this section shall prohibit apportionment of available water to land given preference under this section or otherwise restrict or limit existing powers of the board to control and provide for distribution of water.

history: (History: Added by Stats. 1947, Ch. 282.)

article: 2. Water Distribution


text: The action of a board in fixing or changing any such date shall be ineffective until notice thereof is given by publication once a week for two successive weeks in a newspaper published in the district, or if no newspaper is published in the district, then in a newspaper published in the office county, or if no newspaper is published in the office county, then in a newspaper published in any affected county.

article: 2. Water Distribution


text:
In any year in which the board determines that the water supplies of the district will be inadequate to provide water in a quantity furnished in years of average precipitation, the board may specify a date prior to which applications for water for the ensuing irrigation season are to be received. In districts where meters or other volumetric measuring instruments or facilities are not available or are inadequate to measure substantially all agricultural water deliveries, the district may establish annual water requirements in the district for growing each type of crop grown in the district, accept such applications for water based on proposed crops to be grown and acreage of each such proposed crop, and determine the quantity of water apportioned under Sections 22250, 22251, 22252, and 22252.1 expressed in terms of acreage of each type of proposed crop to be served. In such a district, the district may refuse to deliver water to, or assess penalties on, the landowner who uses such water on a greater acreage of such crops than such landowner’s share of the estimated available water will bring to maturity based on the requirements established for growing such crops in the district.

In establishing annual water requirements for growing particular types of crops, as authorized in this section, the district, with respect to those crops which ordinarily require periodic irrigation, may designate the number of irrigation runs and the amount of water to be allocated to each such run with respect to each crop and may give the water user water credits measured by the designated irrigation runs with respect to each such crop as to which the water user has notified the district he intends to underirrigate.

This section provides a means of measuring the allocation of water to lands based on the type of crop grown and does not authorize a district to designate the crops to be grown on such land.

Nothing in this section shall prohibit or limit the apportionment of available water to land given preference under Section 22252.1 or this section or to otherwise restrict or limit existing powers of the district to control and provide for distribution of water.

history: (History: Added by Stats. 1977, Ch. 78.)

article: 2. Water Distribution


text: When a mutual water company has been formed to furnish water to certain specified land within a district, the district may contract for the delivery of water for the specified land through the mutual water company only.

article: 2. Water Distribution


text: If a district has contracted to deliver and is delivering water to a mutual water company for distribution to territory served by the latter, the water shall be apportioned on a basis found by the board to be equitable and for the best interests of all persons concerned.

article: 2. Water Distribution


text: When its board deems it in the best interests of the district, the district may regulate the amount of water to be used to irrigate crops within the district when seepage from the irrigation would damage adjacent land inside or outside of the district or may require as a condition precedent to the delivery of water the construction of adequate drainage facilities to prevent damage to the adjacent land. Whenever the board finds, with respect to land for which there is no existing system for the application of water for the irrigation thereof, that the character of the soil or elevation of the land to be supplied water from the district water supply is such that the application of such water thereto by flooding is likely to require the use of excess quantities of water or to create a hazardous seepage or drainage problem, the board may limit the application of such water to that land to application through overhead sprinkling systems so designed and operated to prevent the use of excess quantities of water, or the creation of a hazardous seepage or drainage problem.

history: (History: Amended by Stats. 1953, Ch. 1563.)

article: 2. Water Distribution


text: A district may refuse to furnish water to any land to which it holds title by virtue of collector’s deeds to the district or to any or all land on which the district has an outstanding unredeemed certificate of sale for the nonpayment of a district assessment.

history: (History: Amended by Stats. 1961, Ch. 673.)

article: 2. Water Distribution


text:
Each district shall establish equitable rules for the distribution and use of water, which shall be printed in convenient form for distribution in the district. A district may refuse to deliver water through a ditch which is not clean or not in suitable condition to prevent waste of water and may determine through which of two or more available ditches it will deliver water.

A district may close a defective gate in a community water distribution system used for irrigation purposes and may refuse to deliver water through the defective gate if the landowner fails to repair the gate or outlet to the satisfaction of the district within a reasonable time after receipt of notice from the board through its authorized water superintendent, manager or ditch tender to repair the gate or outlet. Rules and regulations adopted pursuant to this section may include, with respect to land for which there is no existing system for the application of water for the irrigation thereof, the limitation of the use of water for irrigation furnished by the district to an overhead sprinkling system where such method of irrigation will conserve water and prevent excess seepage or the creation of drainage problems.

article: 2. Water Distribution


text: A district required by law or provisions of agreements under which all or part of the water supply of the district was acquired to furnish water outside its boundaries to consumers whose rights to service were at the time the supply of water was acquired by the district enforceable by reason of their status as persons of the class for whose benefit the water was appropriated or dedicated may regulate the use of water so furnished.

article: 2. Water Distribution


text: If its board deems it to be for the best interests of the district, a district may enter into a contract for the lease or sale of any surplus water or use of surplus water not then necessary for use within the district, for use either within or without the district.

article: 2. Water Distribution


text: Nothing in this article authorizes the sale of any water right.

article: 2. Water Distribution


text: No right in any water or water right owned by the district shall be acquired by use permitted under this article.

article: 2. Water Distribution


text: Nothing contained in this division authorizes any person to divert the water of any stream or conduit from its channel to the detriment of any person having any interest in the stream, conduit, or the water therein, unless previous compensation be ascertained and paid.

article: 2. Water Distribution


text:
Chapter 4 (commencing with Section 116275) of Part 12 of Division 104 of the Health and Safety Code shall not apply to districts except in specific areas concerning which the State Department of Health Services gives written notice to the district.

In areas where the service rendered by the district is primarily agricultural and domestic service is only incidental thereto, the State Department of Health Services may prescribe reasonable and feasible action to be taken by the district and the consumers to insure that their domestic water will not be injurious to health.

Municipal and public corporations or utilities, other than a district, that distribute water within a district are not excepted from Chapter 4 (commencing with Section 116275) of Part 12 of Division 104 of the Health and Safety Code by this section.

history: (History: Amended by Stats. 1996, Ch. 1023, Sec. 453. Effective September 29, 1996.)

article: 2. Water Distribution


text:
Any district may in lieu in whole or in part of levying assessments fix and collect charges for any service furnished by the district, including, but not limited to, all of the following:

(a) (1) Use, sale, or lease of water, which may include, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, a standby charge whether the water is actually used or not.

(2) If the procedures set forth in this section as it read at the time a standby charge was established were followed, the district may, by resolution, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the district shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.

(b) Delivery of water for irrigation in excess of a specified quantity per unit of land.

(c) Water and the service thereof required by law or provisions of agreements under which all or part of the water supply of the district was acquired to be furnished outside its boundaries to consumers whose rights to service were at the time the supply of water was acquired by the district enforceable by reason of their status as persons of the class for whose benefit the water was appropriated or dedicated.

(d) Use of water for power purposes.

(e) Sale of electric power.

(f) Connections to new pipelines or extensions of existing pipelines required to serve water to lands in the district not adjacent to existing distribution works and which have been constructed in whole or in part at the expense of the district.

(g) Services performed under contracts made pursuant to Section 22234.

(h) Use of water for groundwater recharge.

history: (History: Amended by Stats. 2007, Ch. 27, Sec. 19. Effective January 1, 2008.)

article: 3. Charges

path: 11. IRRIGATION DISTRICTS > 2. Powers > 3. Charges


text: A district may charge higher rates for the service of water to any land that is not subject to assessment by the district than is charged other land in the district for similar service.

article: 3. Charges


text:
A district may establish a charge for the right to connect to new pipelines or extensions of existing pipelines constructed in whole or in part at the expense of the district in such amounts as in the opinion of the board will reimburse the district for the cost of construction advanced by the district.

The connection charge shall be as nearly as possible an amount equal to that proportion of the cost of construction of the new pipeline or extension that the area to be served by the connection bears to the total area to be served by the new pipeline or extension.

history: (History: Added by Stats. 1951, Ch. 1180.)

article: 3. Charges


text: Whenever any charges for any service provided for by this division have been fixed, they may be made payable in advance.

article: 3. Charges


text: A district may refuse service to any land if outstanding charges for services already rendered such land have not been paid within a reasonable time.

history: (History: Added by Stats. 1961, Ch. 673.)

article: 3. Charges


text: A district may prescribe reasonable rules to carry out the provisions of this article.

article: 3. Charges


text: A district may prescribe by rule that when any charges fixed for services under Section 22280 become delinquent, the charges may be collected in accordance with procedures specified in Section 25806.

history: (History: Added by Stats. 1987, Ch. 1052, Sec. 1.)

article: 3. Charges


text: During the construction of any works of a district to be paid for out of the proceeds of any bond issue, the department shall have access to all plans, specifications, and records of the construction and shall from time to time make any investigations and reports to the board the department deems to be in the interest of the public or of the district.

history: (History: Amended by Stats. 1992, Ch. 1020, Sec. 15. Effective January 1, 1993.)

article: 5. Supervision by Department

path: 11. IRRIGATION DISTRICTS > 2. Powers > 5. Supervision by Department


text: During the construction of any work to be paid for out of the proceeds of the sale of any bonds of any district, the secretary shall within one week after each regular meeting of the board forward to the department copies of all reports made to the board as to the progress of the work and a statement of the amounts paid for any part of the work.

article: 5. Supervision by Department


text:
The board immediately after the publication of the statement of the financial condition of the district each year shall send all of the following papers to the department, which shall examine them and report to the board any suggestions it deems proper:

(a) A copy of the financial statement.

(b) A report stating the general condition of any works constructed or acquired by the district.

(c) A statement of whether or not the plan of irrigation adopted by the district is being successfully carried out.

(d) A statement of any other matters which the board deems proper.

article: 5. Supervision by Department


text: The department may at any time make an examination of the affairs of any district or call upon the authorities of the district for any information it desires and make any report thereon it deems advisable.

article: 5. Supervision by Department


text:
A district may acquire by any means any property or interest in property to carry out its purposes, including any of the following:

(a) Property for the construction, improvement, and operation of works in this state or in any other state or in a foreign nation.

(b) Works being constructed.

(c) Stock of domestic or foreign corporations owning water, water rights, canals, water works, franchises, concessions, or rights.

(d) Works by which land has been or may be supplied with water for irrigation.

(e) Property not otherwise authorized herein that may be required as a condition to obtaining state financial assistance for local projects as set forth in Chapter 5 (commencing with Section 12880), of Part 6, Division 6, of the Water Code.

(f) Public buildings and grounds.

history: (History: Amended by Stats. 1975, Ch. 582.)

chapter: 3. Property

article: 1. Acquisition of Property

path: 11. IRRIGATION DISTRICTS > 3. Property > 1. Acquisition of Property


text: Any property necessary for the purposes of the district may be acquired by the district and held subject to any liens, incumbrances, or obligations on it at the time of its acquisition.

article: 1. Acquisition of Property


text: If any road, railroad, canal, or other property subject or devoted to public use will become subject to flooding or other interference by reason of the construction or proposed construction of any works of a district, the district may acquire the right to flood or otherwise interfere with the property, whether or not it is publicly or privately owned.

article: 1. Acquisition of Property


text: If by a judgment or agreement a district is required to relocate any road, railroad, canal, or other property subject or devoted to public use, the district may acquire all property necessary to comply with the agreement or judgment and make conveyances of the relocated road, railroad, canal, or other property to comply with the agreement or judgment.

article: 1. Acquisition of Property


text: The right is hereby granted to locate, construct, and maintain any of the works of a district on any land which is now or hereafter owned by the State.

article: 1. Acquisition of Property


text: There is given, dedicated, and set apart for the uses and purposes of each district all water and water rights belonging to this State within the district.

article: 1. Acquisition of Property


text: A district may construct any works across any watercourse, road, railway, conduit, or other property subject or devoted to public use in a manner that will afford security to life and property. The district shall restore the property crossed as near as may be to its former state or so as not to have impaired unnecessarily its usefulness.

article: 1. Acquisition of Property


text: A district may on terms its board deems for the best interests of the district take a deed or release from any claimant, including any other taxing or assessing agency, to any interest in any property owned or claimed by the district.

article: 1. Acquisition of Property


text: A district may purchase pursuant to law property tax sold or tax deeded to the State on which the district has a claim, lien, or deed for unpaid assessments or any right, title, interest, or claim.

article: 1. Acquisition of Property


text: Any district when it appears to its board to be for the best interest of the district may discharge with or without compromise any overlapping tax or assessment liens equal or superior in rank to those of the district existing on any property to which the district has title and may purchase any outstanding tax or assessment titles existing on the property equal or superior in rank to the title of the district.

article: 1. Acquisition of Property


text: A district may notwithstanding any other provisions of this division use any of its funds to carry out the provisions of Section 22434 and may with these funds purchase written evidences of indebtedness of overlapping taxing or assessing agencies for this purpose.

article: 1. Acquisition of Property


text: A district may in its name take conveyances, leases, contracts, or other assurances for all property acquired by it.

article: 1. Acquisition of Property


text: The title to all property acquired by a district is held in trust for its uses and purposes. The district may hold, use, acquire, manage, sell, or lease the property as provided in this division.

article: 1. Acquisition of Property


text:
(a) A district which is the owner of an easement for an open canal or other water conveyance facility for the transportation of water across lands not owned by the district, other than an easement evidenced by a written grant or judgment providing a legal description of the easement, has a secondary easement on each side of the open canal or other water conveyance facility for the maintenance, repair, cleaning, operation, and control of the open canal or other water conveyance facility and other use as may reasonably be required by the district in exercising those rights and in the maintenance, repair, cleaning, and operation of that easement and open canal or other water conveyance facility with equipment owned by, or available to, the district for that use at the time the rights are exercised. The duration of the secondary easement shall be for as long as the district, or its successors or assigns, continues to own the open canal or other water conveyance facility easement regardless of what use has or has not been made of the secondary easement.

(b) The owner or any lessee of the land upon which a secondary easement is located may use the surface of the land upon which the secondary easement is located for his or her own purposes to the extent that use does not unreasonably interfere with the district’s ownership or use of the secondary easement or the open canal or other water conveyance facility easement. Any encroachment or obstruction placed or permitted upon the secondary easement by the owner or any lessee of the land, which unreasonably interferes with the secondary easement or the open canal or other water conveyance facility easement, may be removed by the district at the owner’s or lessee’s expense, or by legal action filed by the district.

(c) This section shall not be construed to limit the right of a district or of any person to acquire any easement by prescription or condemnation or to enter into a written agreement concerning an easement or secondary easement upon terms agreed to by the parties.

history: (History: Amended by Stats. 1991, Ch. 454, Sec. 2.)

article: 1. Acquisition of Property


text: The district may exercise the right of eminent domain to take any property necessary to carry out its purposes.

article: 2. Eminent Domain

path: 11. IRRIGATION DISTRICTS > 3. Property > 2. Eminent Domain


text: If the owner of any land, easement, or franchise to be crossed by works of a district can not agree with the district as to payment, location of the crossing, or any other matters in connection therewith, they shall be determined as in a proceeding in eminent domain.

article: 2. Eminent Domain


text: If a right to flood or otherwise interfere with any road, railroad, canal, or other property is acquired by eminent domain, the judgment may, if the court finds that the public convenience requires it, direct the district to relocate the road, railroad, canal, or other property in accordance with plans prescribed by the court.

article: 2. Eminent Domain


text: There is granted to every district the right to construct and operate in a manner affording security for life and property electric light and power lines along, over, under, or upon any road or across any railway or conduit which the route of the lines intersects or runs along.

article: 3. Power Lines on Public Property

path: 11. IRRIGATION DISTRICTS > 3. Property > 3. Power Lines on Public Property


text: A district may not construct and operate electric light and power lines along, over, under, or upon any road within any city unless permission to do so is granted by the governing body of the city, which in so doing may impose reasonable conditions upon the proposed use.

article: 3. Power Lines on Public Property


text: Permission pursuant to Section 22476 is not necessary where the road to be used is a convenient part of the route of the lines and at the time construction of the lines was commenced or the plans for them were adopted was located in territory not within an organized city.

article: 3. Power Lines on Public Property


text: A district constructing lines pursuant to this article shall restore the road, railway, or conduit intersected to its former state of usefulness as near as possible.

article: 3. Power Lines on Public Property


text: When a board determines by resolution entered upon the minutes that any property of the district is no longer necessary for district purposes, the district may for a valuable consideration sell or lease the property upon terms that appear to the board to be for the best interests of the district. Sales and leases authorized under this section include sales and leases to the State and to cities, counties, districts and other political subdivisions of the State.

history: (History: Amended by Stats. 1949, Ch. 341.)

article: 4. Disposition of Property

path: 11. IRRIGATION DISTRICTS > 3. Property > 4. Disposition of Property


text: A district may lease the right to produce any minerals or hydrocarbons in any property held by it upon the terms the board deems most beneficial to the district after the board has found by a resolution entered in its minutes that the lease may be carried out without interfering with the use of the property for district purposes.

history: (History: Added by Stats. 1943, Ch. 372.)

article: 4. Disposition of Property


text: All conveyances and leases of district property shall be executed by the secretary and president on behalf of the district in accordance with a resolution of the board.

article: 4. Disposition of Property


text: A district may sell, convey, lease, give and take options and contracts of sale upon, and otherwise deal with property acquired by it through a collector’s deed, including sale to a former owner or holder, on terms and at a price approved by its board. Instruments to accomplish the same shall be executed and acknowledged by the president and secretary.

article: 4. Disposition of Property


text: A district may lease any of its property to the State of California, a public agency of the State, a city, county, district, or other political subdivision of the State, whenever such a lease will benefit the district. Property may be so leased for monetary consideration or other benefit to the district without publishing notice or receiving bids if the board, by resolution entered upon its minutes, determines that the leasing is for the best interests of the district and will not interfere with the use of the property by the district for district purposes.

history: (History: Amended by Stats. 1957, Ch. 657.)

article: 4. Disposition of Property


text: When a board determines by resolution entered upon the minutes that any property of the district may be leased for a use or purpose that will not interfere with or be inconsistent with district uses or purposes, the district may, for a valuable consideration, lease the property for such use or purpose upon terms that appear to the board to be for the best interests of the district.

history: (History: Added by Stats. 1961, Ch. 204.)

article: 4. Disposition of Property


text: This article provides an independent method of leasing and its provisions apply only to leases made pursuant to it.

article: 5. Lease of Works

path: 11. IRRIGATION DISTRICTS > 3. Property > 5. Lease of Works


text: A district may lease part or all of its works whenever the leasing will benefit the district.

article: 5. Lease of Works


text: When the board contemplates the leasing of the works of the district, it shall give notice thereof at least three weeks prior to the making of the lease, by publication at least once in some newspaper published in the principal county.

article: 5. Lease of Works


text: The lease shall be made to the highest bidder, but any and all bids may be rejected.

article: 5. Lease of Works


text: The lease shall not interfere with any prior rights established by law.

article: 5. Lease of Works


text: A good and sufficient bond shall be required by the board to secure the faithful performance of the lease by the lessees.

article: 5. Lease of Works


text: The provisions of this article apply only to leases made pursuant to it.

article: 6. Water Leases for Mechanical Purposes

path: 11. IRRIGATION DISTRICTS > 3. Property > 6. Water Leases for Mechanical Purposes


text: Whenever a district in the development of its works has the opportunity without increased expenditure to lease for mechanical purposes not inconsistent with the district’s purposes the use of water controlled by it, it may do so.

article: 6. Water Leases for Mechanical Purposes


text: Whenever the board desires to lease the use of water it shall pass a resolution of intention to do so.

article: 6. Water Leases for Mechanical Purposes


text: Immediately after the passage of the resolution the secretary shall give notice of the intention, by publication for at least 20 days in one newspaper published in each affected county if a newspaper is published in it, and, if not, in any newspaper the board selects, and if the board thinks proper, in any other newspapers the board selects.

article: 6. Water Leases for Mechanical Purposes


text:
The notice of intention to lease the use of water shall state all of the following:

(a) The board will receive sealed proposals for the lease.

(b) The lease will be let to the highest responsible bidder.

(c) The time and place of opening the proposals.

article: 6. Water Leases for Mechanical Purposes


text: At the time and place appointed the board shall open in public the proposals to lease the use of water.

article: 6. Water Leases for Mechanical Purposes


text: As soon after opening the proposals as may be convenient the board may let the lease in portions or as a whole to the highest responsible bidder or may reject any or all proposals and readvertise for proposals.

article: 6. Water Leases for Mechanical Purposes


text: The rental accruing upon a lease of the use of water may vary from year to year as specified in the lease and shall be payable semi-annually on the thirtieth day of December and thirtieth day of June of each year.

article: 6. Water Leases for Mechanical Purposes


text: If at any time the rental is not paid on the day fixed, the amount of the rental due shall be doubled, and if not paid within the next succeeding 90 days, the lease shall be forfeited to the district, together with any and all works constructed, owned, used, or controlled by the lessee.

article: 6. Water Leases for Mechanical Purposes


text: All money collected on a lease shall be paid into the district treasury and be apportioned to any funds the board deems advisable.

article: 6. Water Leases for Mechanical Purposes


text: Upon the letting of any lease, the board may require the lessee to execute a bond for the faithful performance of the covenants of the lease or give such other guaranty of good faith as in its judgment may be necessary.

article: 6. Water Leases for Mechanical Purposes


text: The lease may be for a period not exceeding 25 years.

article: 6. Water Leases for Mechanical Purposes


text: A district may commence and maintain any actions and proceedings to carry out its purposes or protect its interests and may defend in any action or proceeding brought against it.

chapter: 4. Controversies

article: 1. Actions and Proceedings

path: 11. IRRIGATION DISTRICTS > 4. Controversies > 1. Actions and Proceedings


text: In all actions or proceedings the board may sue, appear, and defend in person or by attorneys and in the name of the district.

article: 1. Actions and Proceedings


text:
(a) Except as specified in subdivision (b), any judicial action or proceeding against a district to attack, review, set aside, void, or annul an ordinance, resolution, or motion fixing or changing a rate or charge for an electric commodity or an electric service furnished by the district and adopted on or after July 1, 2000, shall be commenced within 120 days of the effective date of that ordinance, resolution, or motion.

(b) The statute of limitations specified in subdivision (a) does not apply to any judicial action or proceeding filed pursuant to Chapter 13.7 (commencing with Section 54999) of Part 1 of Division 2 of Title 5 of the Government Code to protest or challenge a rate or charge or to seek the refund of a capital facilities fee if the notice and disclosure requirements of Section 54999.35 of the Government Code have not been followed.

history: (History: Added by Stats. 2000, Ch. 146, Sec. 8. Effective July 21, 2000.)

article: 1. Actions and Proceedings


text: Service of summons upon a district may be made by serving it upon either the secretary or a majority of the directors elected.

article: 1. Actions and Proceedings


text: Before an action or proceeding by the holders of bonds of a district to compel or restrain the doing of an act by the district or its board may be commenced or maintained, the holders of 10 per cent or more of the outstanding bonds of the district shall join in the action or proceeding as plaintiffs, petitioners, or applicants for the relief sought.

article: 1. Actions and Proceedings


text: A district may commence, maintain, intervene in, compromise, and assume the costs of any action or proceeding involving or affecting the ownership or use of waters or water rights within the district used or useful for any purpose of the district or of benefit to any land.

history: (History: Added by Stats. 1953, Ch. 226.)

article: 1. Actions and Proceedings


text:
A district may commence, maintain, intervene in, defend, and compromise actions and proceedings to prevent interference with or diminution of the natural flow of any stream or natural or artificially created subterranean supply of waters which may:

(a) Be used or be useful for any purpose of the district.

(b) Be of common benefit to the land or its inhabitants.

(c) Endanger the inhabitants or the land.

history: (History: Added by Stats. 1953, Ch. 227.)

article: 1. Actions and Proceedings


text: An action to determine the validity of any contract entered into for a period of more than three years or the levy of any assessment or of bonds, including whether or not the bonds when delivered to the person entitled to them under the terms of a contract will or do constitute valid obligations of the district as against all persons, may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

history: (History: Amended by Stats. 1981, Ch. 740, Sec. 1.)

article: 2. Validating Proceedings

path: 11. IRRIGATION DISTRICTS > 4. Controversies > 2. Validating Proceedings


text: No contest of any thing or matter herein provided shall be made other than in the time and manner herein specified.

article: 3. Limitations

path: 11. IRRIGATION DISTRICTS > 4. Controversies > 3. Limitations


text: In any such action all findings of fact or conclusions of a board or board of supervisors upon all matters shall be conclusive unless the action was instituted within six months after the finding or conclusion was made.

article: 3. Limitations


text: All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto.

history: (History: Amended by Stats. 1963, Ch. 1715.)

article: 4. Public Liability

path: 11. IRRIGATION DISTRICTS > 4. Controversies > 4. Public Liability


text: In all controversies involving any damage to any and all water rights of any land which is heretofore or hereafter tax-sold or tax-deeded to the State, the State disclaims any interest in the controversy and authorizes the district within which the land is situated to make a final settlement of the controversy.

path: 11. IRRIGATION DISTRICTS > 4. Controversies > 5. Settlement of Damages to Water Rights of State Land


text: The damages claimed in a controversy defined by this article are those occurring prior to the execution of the tax deed to the State.

article: 5. Settlement of Damages to Water Rights of State Land


text: The money collected in the settlement pursuant to this article shall be paid into the treasury of the district for district purposes and be apportioned to any funds the board deems advisable.


text: The settlement of a controversy defined by this article shall be upon terms satisfactory to the district.


text: The tax title of the State to the land involved remains wholly unimpaired by proceedings had pursuant to this article.


text: An action to determine the validity of the Quantification Settlement Agreement defined in subdivision (a) of Section 1 of Chapter 617 of the Statutes of 2002, or any action regarding a contract entered into that implements, or is referenced in, that Quantification Settlement Agreement, may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

history: (History: Amended by Stats. 2003, Ch. 62, Sec. 314. Effective January 1, 2004.)


text: The provisions of this chapter apply only to districts containing 500,000 acres or more.

article: 1. Introduction

path: 11. IRRIGATION DISTRICTS > 5. Provisions Pertaining Only to 500,000-Acre Districts > 1. Introduction


text: Except as provided in this chapter every district containing 500,000 acres or more shall be governed by the provisions of this division.

chapter: 5. Provisions Pertaining Only to 500,000-Acre Districts

article: 1. Introduction


text:
(a) Each director of a district may receive a salary fixed by an ordinance that is subject to referendum and adopted by the board in an amount that does not exceed the salary of a member of the Imperial County Board of Supervisors.

(b) The adoption of an ordinance pursuant to subdivision (a) is subject to Sections 20203, 20204, 20205, 20206, and 20207.

history: (History: Amended by Stats. 1997, Ch. 427, Sec. 1. Effective January 1, 1998.)

article: 2. Internal Organization

path: 11. IRRIGATION DISTRICTS > 5. Provisions Pertaining Only to 500,000-Acre Districts > 2. Internal Organization


text: Notwithstanding any other provision of law, the board may elect a chairperson from its members and may elect, in addition to a chairperson, a vice chairperson who shall have the power to perform all the duties of the chairperson in the absence of the chairperson, or in the event of his or her inability to perform those duties. If the board elects a chairperson or vice chairperson, any reference to president or vice president in any provision of this division, other than this chapter, means the chairperson or vice chairperson of the board. The board may, in this case, designate a chief staff person to be known as the president.

history: (History: Added by Stats. 1983, Ch. 577, Sec. 1.)

article: 2. Internal Organization


text: Notwithstanding Section 1304 of the Elections Code, the board of an irrigation district containing 500,000 acres or more may designate that the general district election shall be held on the day provided for the statewide direct primary election in Section 1201 of the Elections Code and consolidated with the statewide primary election, and thereafter all references to odd-numbered years with respect to those elections shall mean even-numbered years as nearly as may be applicable. A designation by the board changing the date of a general district election pursuant to this section shall be adopted by resolution of the board and filed with the county clerk of the principal county at least 90 days before the date of the next district general election that would occur had the designation not been made and at least 90 days before the next statewide direct primary election provided for in Section 1201 of the Elections Code.

history: (History: Amended by Stats. 1994, Ch. 923, Sec. 231. Effective January 1, 1995.)

article: 2. Internal Organization


text: In an irrigation district containing 500,000 acres or more, the board shall, when changing the boundaries of the divisions of the district pursuant to Section 21605, make such boundaries coincide with general county election precincts as nearly as may be practicable while keeping such divisions as nearly equal in population as may be practicable.

history: (History: Added by Stats. 1977, Ch. 195.)

article: 2. Internal Organization


text:
The board may:

(a) Provide for and create divisions or departments for management and operating purposes.

(b) Appoint department heads.

(c) Classify and reclassify employees.

(d) Fix the duties, terms, and time of employment.

(e) Provide for and fix salaries, compensation, and expenses of department heads, executives, and employees.

history: (History: Amended by Stats. 1959, Ch. 70.)

article: 2. Internal Organization


text: All department heads, executives, and employees shall hold their employment at the will of the board.

article: 2. Internal Organization


text:
The board shall:

(a) Elect an assessor and a collector, and on and after 12 p.m. on December 31, 1971, elect a treasurer, each of whom shall hold office at the pleasure of the board.

(b) Fix and alter their respective compensations.

history: (History: Amended by Stats. 1968, Ch. 33.)

article: 2. Internal Organization


text: The treasurer, assessor, and collector shall each qualify by taking and filing with the secretary the oath of office and shall give a bond to the district as required by the board.

article: 2. Internal Organization


text: The bond of the collector shall be in the sum of fifty thousand dollars ($50,000) or more and shall be executed at the expense of the district by a surety company authorized to do business in the state, except if the gross revenue estimated by the board to be received by such district during the fiscal year does not exceed fifty thousand dollars ($50,000), in which case the bond of the collector may be the sum of such estimated gross annual revenue of the district.

history: (History: Added by Stats. 1967, Ch. 538.)

article: 2. Internal Organization


text: The bond of the treasurer shall be in a sum determined pursuant to the provisions of Article 3 (commencing with Section 21140) of Chapter 1 of Part 3 of this division.

history: (History: Added by Stats. 1968, Ch. 33.)

article: 2. Internal Organization


text:
The board may:

(a) Appoint one person to hold the offices of assessor, treasurer, and collector.

(b) Segregate the offices and appoint a person to fill each office.

article: 2. Internal Organization


text: The same person may hold the office of president, secretary, treasurer, assessor, and collector, or any of those offices.

history: (History: Amended by Stats. 1983, Ch. 577, Sec. 2.)

article: 2. Internal Organization


text:
The board of supervisors of the office county shall fill by appointment vacancies in the offices of directors, provided that any such appointed directors shall be required to run for election in the next succeeding general district election.

If within 60 days after a vacancy on the board of directors occurs the board of supervisors has failed to fill such vacancy, a special election may be called by the board of directors and held in the division affected, for the purpose of filling such vacancy. In the event there are more than two candidates at such special election, only a plurality will be required for election. The candidate elected at such special election shall fill the unexpired term of the vacating director.

history: (History: Added by Stats. 1974, Ch. 1271.)

article: 2. Internal Organization


text: Any district may expend sums that seem necessary to its board for the protection of its canal system or of land from damage by flood and the overflow of rivers.

history: (History: Added by Stats. 1943, Ch. 372.)

article: 3. Flood Protection

path: 11. IRRIGATION DISTRICTS > 5. Provisions Pertaining Only to 500,000-Acre Districts > 3. Flood Protection


text: The district may contribute funds for the purpose stated in Section 22875 to be expended by or jointly with the United States, other governments, or persons benefited by the same protective works.

article: 3. Flood Protection


text: A district may do all things necessary to insure its canal system and the land from any damage by flood or overflow without holding an election to authorize the expenditure.

article: 3. Flood Protection


text: When the issuance of bonds by any district has been authorized by the voters for the purpose of protection against floods but the bonds have not been sold, the district may borrow for that purpose to the amount of the bond issue unsold at a rate of interest not exceeding 7 per cent per year. When the bonds have been sold, the amount borrowed under the provisions of this section shall be repaid.

article: 3. Flood Protection


text: In addition to the powers conferred by Section 22878 any district may borrow for flood protection purposes in any one year not to exceed two hundred thousand dollars ($200,000) at a rate of interest not exceeding 7 per cent per year.

article: 3. Flood Protection


text:
Every district by its board, each year within 15 days after the close of its session as a board of equalization, shall levy an assessment sufficient to raise all of the following:

(a) Annual interest on any outstanding bonds of the district except to the extent that provision is otherwise made as permitted by law.

(b) Principal of outstanding bonds of the district as they mature except to the extent that provision is otherwise made as permitted by law.

(c) Obligations of the district due or to become due within the succeeding 12 months except to the extent that provision is otherwise made as permitted by law.

(d) A sum which with the other revenue of the district will meet the estimated current expenses of the district for the succeeding 12 months.

history: (History: Amended by Stats. 1943, Ch. 532.)

article: 5. Assessments

path: 11. IRRIGATION DISTRICTS > 5. Provisions Pertaining Only to 500,000-Acre Districts > 5. Assessments


text: Every district by its board may, in addition to other powers, borrow funds for any lawful purpose at an interest rate not exceeding 5 per cent per year and issue warrants therefor payable at future dates. No election authorizing such borrowing or issuance of warrants need be held but the principal amount of such indebtedness unpaid at any time shall not exceed two hundred thousand dollars ($200,000).

history: (History: Added by Stats. 1943, Ch. 686.)

article: 6. Miscellaneous Provisions

path: 11. IRRIGATION DISTRICTS > 5. Provisions Pertaining Only to 500,000-Acre Districts > 6. Miscellaneous Provisions


text: A reserve fund from assessments or other revenues for emergencies, replacements or other lawful purpose of the district may be provided by the board.

article: 6. Miscellaneous Provisions


text: Notwithstanding anything to the contrary contained in Part 4 (commencing with Section 10500) of Division 10 of the Elections Code, in the event that in an irrigation district containing 500,000 acres or more there are three or more candidates for an elective office and at the general district election no one candidate for the elective office secures a majority of the votes cast, a runoff election shall be held.

history: (History: Amended by Stats. 1994, Ch. 923, Sec. 232. Effective January 1, 1995.)

article: 7. Runoff Elections

path: 11. IRRIGATION DISTRICTS > 5. Provisions Pertaining Only to 500,000-Acre Districts > 7. Runoff Elections


text: The runoff election shall be held on the last Tuesday in November, next following the general election, between the two candidates who secure the greatest number of votes for the elective office at the general district election.

history: (History: Added by Stats. 1968, Ch. 268.)

article: 7. Runoff Elections


text: The governing body shall certify the two candidates who receive the highest number of votes for the elective office to the county elections official as the candidates in the runoff election.

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 154. Effective January 1, 2003.)

article: 7. Runoff Elections


text: The voters qualified to vote for the elective offices at the preceding general district election shall be the only voters qualified for the runoff election.

article: 7. Runoff Elections


text: Not less than seven days before any runoff election, any voter entitled to vote by vote by mail ballot as provided in Section 10530 of the Elections Code may file with the county elections official, either in person or by mail, his or her written application for a vote by mail ballot. Vote by mail voting shall be conducted in accordance with the provisions of Section 10530 of the Elections Code.

history: (History: Amended by Stats. 2009, Ch. 547, Sec. 6. (AB 1572) Effective January 1, 2010.)

article: 7. Runoff Elections


text: The county elections official shall commence the canvass of the returns on the first Wednesday after each runoff election.

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 156. Effective January 1, 2003.)

article: 7. Runoff Elections


text: Not later than the second Friday in December next following the runoff election, the governing body at a regular or special meeting shall declare elected the candidate receiving the majority of the votes cast for that office at the runoff election.

article: 7. Runoff Elections


text: Officers elected at a runoff election shall take office pursuant to Section 21101.

article: 7. Runoff Elections


text: In all other respects a runoff election shall be conducted in the same manner as the general election for that office held pursuant to the Uniform District Election Law, insofar as practicable.

article: 7. Runoff Elections


text:
Notwithstanding any other provision contained in this division, the El Dorado Irrigation District, or an improvement district formed within the El Dorado Irrigation District pursuant to the provisions of this division may:

(a) Construct, operate and maintain facilities for the collection, transmission, treatment and disposal of sewage water, including all works, structures, plants, equipment, and lines necessary and convenient for the collection, transmission, treatment, and disposal of sewage waters within the district.

(b) Construct, operate and maintain works and facilities for the use, storage, control, regulation, and distribution of any drainage water within the district.

(c) Authorize, issue and sell revenue bonds pursuant to the provisions of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code) for any one or more of the purposes specified in this division.

(d) Authorize, issue and sell general obligation bonds pursuant to the provisions of Article 10 (commencing with Section 25211.1) of Chapter 2.2 of Part 2 of Division 2 of Title 3 of the Government Code for any one or more of the purposes specified in this division.

(e) Use the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), and the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code) for the construction of any facilities authorized to be constructed under the provisions of this division.

In the application of the above-specified acts to proceedings under this subdivision, the terms used in those acts shall have the following meanings:

(1) “City council” and “council” shall mean the board of directors of the district.

(2) “City” and “municipality” shall mean the district.

(3) “Clerk” and “city clerk” shall mean the secretary.

(4) “Superintendent of streets” and “street superintendent” and “city engineer” shall mean the general manager of the district or any other person appointed to perform such duties.

(5) “Tax collector” shall mean the district tax collector.

(6) “Treasurer” and “city treasurer” shall mean the person or officer who has charge of and makes payment of the funds of the district.

(7) “Right-of-way” shall mean any parcel of land through which a right-of-way has been granted to the district for the purpose of constructing or maintaining any work or improvements which the district is authorized to do.

The powers and duties conferred by such acts upon boards, officers and agents of cities shall be exercised by the board, officers and agents of the district, respectively.

history: (History: Added by Stats. 1963, Ch. 492.)

path: 11. IRRIGATION DISTRICTS > 6. Provisions Pertaining Only to the El Dorado Irrigation District


text:
This section provides for an alternative procedure for forming an improvement district within the El Dorado Irrigation District:

(a) The El Dorado Irrigation District may form one or more districts in the same manner as county service areas form zones pursuant to the County Service Area Law (Chapter 2.5 (commencing with Section 25210) of Part 2 of Division 2 of Title 3 of the Government Code). An improvement district formed by the El Dorado Irrigation District shall have all of the powers and duties of a zone formed pursuant to the County Service Area Law.

(b) The application of, and the terms used in, those sections shall have the following meanings:

(1) “Board of supervisors” shall mean the board of directors of the district.

(2) “County service area” shall mean improvement district.

(3) “County services” shall mean El Dorado Irrigation District services.

(4) “County Service Area No. _______” shall mean “Improvement District No. _______.”

(5) “Chapter” shall mean section.

(6) “Services” shall mean “services permitted El Dorado Irrigation District.”

(7) “County taxes” shall mean El Dorado Irrigation District assessments.

(8) “County treasurer” shall mean El Dorado Irrigation District treasurer.

history: (History: Amended by Stats. 2008, Ch. 158, Sec. 18. Effective January 1, 2009.)

chapter: 6. Provisions Pertaining Only to the El Dorado Irrigation District


text:
In the event that the board of the El Dorado Irrigation District determines that it may be for the best interests of the district for the district to have seven divisions for the purposes of Part 5 (commencing with Section 21550), it may propose, by resolution, the creation of seven divisions, the boundaries of which are set forth therein. The resolution shall be published pursuant to Section 6066 of the Government Code together with a notice of a hearing to be held to consider the proposal. At the time stated in the notice for the hearing, the board shall consider the proposal and hear any owners of taxable property within the district who desire to support or oppose the proposal. If after the hearing, the board determines that it is for the best interests of the district to have the seven divisions with boundaries as proposed or as amended at the hearing, it shall, by resolution, establish the divisions and describe their boundaries. Upon the adoption of the resolution establishing seven divisions, the board shall appoint two additional directors at large who shall serve until the next general district election.

Notwithstanding the adoption of the resolution establishing the seven divisions, the five directors in office at the time of such establishment shall continue to serve until the next general district election. At such general district election, a director shall be elected in each of the seven divisions established by the board’s resolution. The directors elected at such election shall classify themselves by lot so that three shall serve for terms of two years and four shall serve for terms of four years. Thereafter, their successors shall serve for terms of four years.

history: (History: Amended by Stats. 1965, Ch. 2019.)


text: For purposes of this chapter, “district” means the Byron-Bethany Irrigation District, the Merced Irrigation District, or the East Contra Costa Irrigation District.

history: (History: Amended by Stats. 1993, Ch. 1195, Sec. 29. Effective January 1, 1994.)

path: 11. IRRIGATION DISTRICTS > 7. Provisions Pertaining Only to the Merced Irrigation District and the East Contra Costa Irrigation District


text:
Notwithstanding any other provision of this division, the district, or an improvement district formed within the district pursuant to this division, may do any of the following:

(a) Construct, operate, and maintain facilities for the collection, transmission, treatment, and disposal of sewage water, including all works, structures, plants, equipment, and lines necessary and convenient for the collection, transmission, treatment, and disposal of sewage waters within the district.

(b) Construct, operate, and maintain works and facilities for the use, storage, control, regulation, and distribution of any drainage water within the district.

(c) Authorize, issue, and sell revenue bonds pursuant to the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code) for any purpose specified in this division.

(d) Authorize, issue, and sell general obligation bonds pursuant to Section 25216.1 of the Government Code for any purpose specified in this division.

(e) (1) Use the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), and the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code) for the construction of any facilities authorized to be constructed under this division.

(2) In the application of the acts specified in this subdivision to proceedings under this subdivision, the terms used in those acts have the following meanings:

(A) “City council” and “council” means the board of directors of the district.

(B) “City” and “municipality” means the district.

(C) “Clerk” and “city clerk” means the secretary.

(D) “Superintendent of streets” and “street superintendent” and “city engineer” means the general manager of the district or any other person appointed to perform those duties.

(E) “Tax collector” means the county assessor.

(F) “Treasurer” and “city treasurer” means the person or officer who has charge of and makes payment of the funds of the district.

(G) “Right-of-way” means any parcel of land through which a right-of-way has been granted to the district for the purpose of constructing or maintaining any work or improvements which the district is authorized to do.

(3) The powers and duties conferred by those acts upon boards, officers, and agents of cities shall be exercised by the board, officers, and agents of the district, respectively.

history: (History: Amended by Stats. 2008, Ch. 158, Sec. 19. Effective January 1, 2009.)

chapter: 7. Provisions Pertaining Only to the Merced Irrigation District and the East Contra Costa Irrigation District


text:
This section provides an alternative procedure for forming an improvement district within the district as follows:

(a) The district may form one or more improvement districts in the same manner as county service areas form zones pursuant to the County Service Area Law (Chapter 2.5 (commencing with Section 25210) of Part 2 of Division 2 of Title 3 of the Government Code). An improvement district formed by the district shall have all of the powers and duties of a zone formed pursuant to the County Service Area Law.

(b) The application of, and the terms used in, those provisions have the following meanings:

(1) “Board of supervisors” means the board of directors of the district.

(2) “County service area” means an improvement district.

(3) “County services” means district services.

(4) “County Service Area No. ____” means “Improvement District No. ____.”

(5) “Chapter” means section.

(6) “Services” means services the district may perform.

(7) “County taxes” means district assessments.

(8) “County treasurer” means the district treasurer.

history: (History: Amended by Stats. 2008, Ch. 158, Sec. 20. Effective January 1, 2009.)


text: A district may make and perform any agreement with the United States, any State, county, district of any kind, public corporation, any person, or any number of them for the joint acquisition, disposition, or operation of any property of a kind which might be acquired by the district.

chapter: 1. Joint Property

path: 11. IRRIGATION DISTRICTS > 1. Joint Property


text: This chapter shall be known and may be cited as the Irrigation District Federal Cooperation Law.

chapter: 2. Cooperation With United States

article: 1. General Provisions

path: 11. IRRIGATION DISTRICTS > 2. Cooperation With United States > 1. General Provisions


text:
The provisions of this chapter apply only to proceedings taken under it and do not apply to district operations unrelated to cooperation with the United States.

Except as required expressly or by necessary implication by this chapter all other provisions of this division are unaffected by this chapter.

article: 1. General Provisions


text: The definitions in Chapter 2 of Part 1 of this division are applicable to this chapter.

article: 1. General Provisions


text: Article 35 (commencing with Section 20560) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code does not apply in the case of any contract between a district and the United States.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 682. Effective January 1, 2007.)

article: 1. General Provisions


text: The board shall perform all acts necessary to carry out the enlarged powers enumerated in this chapter.

article: 1. General Provisions


text: Districts may cooperate and contract with the United States under the Federal Reclamation Act of June 17, 1902, and all acts amendatory thereof or supplementary thereto or any other act of Congress heretofore or hereafter enacted permitting cooperation.

article: 2. Contracts With United States

path: 11. IRRIGATION DISTRICTS > 2. Cooperation With United States > 2. Contracts With United States


text:
The co-operation and contract may be for any or all of the following purposes:

(a) Acquisition, extension, or operation of works for irrigation or drainage or development and distribution of electric power or any or all of these purposes.

(b) A water supply.

(c) Assumption as principal or guarantor of indebtedness to the United States on account of district land.

(d) Borrowing or procuring money from the United States to finance any of the operations of the district.

(e) Financing or refinancing obligations of the district, including outstanding warrants or other indebtedness.

(f) Purchasing or refunding bonds of the district.

(g) Accomplishing any of the purposes of the district.

(h) Maintenance and operation of works and facilities within or without its boundaries for the protection of land and property from damage by flood or overflow.

history: (History: Amended by Stats. 1959, Ch. 1513.)

article: 2. Contracts With United States


text:
In a contract made pursuant to Section 23196 a district may include provision for either or both of the following:

(a) Delivery and distribution of water for the land in the district under the relevant acts of Congress and the rules and regulations established thereunder.

(b) Conveyance to the United States as partial consideration for the privileges obtained by the district under the contract of any property of the district.

article: 2. Contracts With United States


text: When a contract has been made with the United States, if so provided by the contract and authorized pursuant to this chapter, bonds of the district may be transferred to or deposited with the United States, at not less than 95 percent of their par value, to the amount or any part thereof to be paid by the district to the United States. The interest or principal or both on the bonds shall be raised by assessment and levy as prescribed in this chapter and shall be regularly paid to the United States and applied as provided in the contract. The bonds may provide for the payment of interest at a rate not exceeding 8 percent per year, be of the denominations, and call for the repayment of the principal at the times, all as agreed upon.

history: (History: Amended by Stats. 1979, Ch. 1107.)

article: 2. Contracts With United States


text: The contract with the United States may likewise call for the payment of the amount or any part thereof to be paid by the district to the United States, at the times, in the installments, and with interest charges not exceeding 8 percent per year, all as may be agreed upon, and for assessment and levy as provided in this chapter.

article: 2. Contracts With United States


text: All water, the right to the use of which is acquired by a district under any contract with the United States shall be distributed and apportioned by the district in accordance with the applicable acts of Congress, the rules and regulations of the Secretary of the Interior thereunder, and the provisions of the contract, and provision may be made in the contract for the refusal of water service to any or all land which may become delinquent in the payment of any assessment levied for the purpose of carrying out the contract.

history: (History: Added by Stats. 1943, Ch. 372.)

article: 2. Contracts With United States


text: A district may pursuant to the contract sell or lease water for private land, to entrymen, or to municipalities, in the neighborhood of the district.

article: 2. Contracts With United States


text: When a contract pursuant to this chapter has been entered into between the United States and any district, the district shall not be dissolved, nor shall its boundaries be changed, except upon written consent of the Secretary of the Interior filed with the official records of the district. If consent is given and land is excluded, the areas excluded shall be free from all liens and charges for payments to become due to the United States.

article: 2. Contracts With United States


text: A district may accept an appointment to collect money for or to act as fiscal agent of the United States in connection with any Federal reclamation project, and the district may assume the duties and liabilities incident to this action and do any and all things related to the appointment required by the Federal statutes now or hereafter enacted and by the applicable rules and regulations now or hereafter established by any department of the Federal Government.

article: 2. Contracts With United States


text: Any property owned or acquired by a district may be conveyed by it to the United States in so far as the property may be needed for the construction or operation of works by the United States for the benefit of the district pursuant to the contract.

article: 2. Contracts With United States


text:
A proposal to enter into a contract with the United States shall be authorized at an election if the contract is for any or all of the following:

(a) Repayment of construction money.

(b) Repayment of the cost of acquiring any property.

(c) Issuance of bonds.

article: 3. Approval of Federal Contracts

path: 11. IRRIGATION DISTRICTS > 2. Cooperation With United States > 3. Approval of Federal Contracts


text: Proceedings at the election shall be had in so far as applicable in the manner provided in the case of the ordinary issuance of district bonds.

article: 3. Approval of Federal Contracts


text: Notice of the election shall contain in addition to the information required in the case of ordinary bond elections a statement of the maximum amount of money to be payable to the United States for construction purposes and cost of water supply and acquisition of property, exclusive of penalties and interest, and a general statement of the property, if any, to be conveyed by the district pursuant to the contract.

article: 3. Approval of Federal Contracts


text: The ballots at the election shall contain a brief statement of the general purpose of the contract substantially as stated in the notice of election and the extent of the obligation to be assumed. To the right of or below the statement on the ballot, the words “Yes” and “No” shall be printed on separate lines, with voting targets.

history: (History: Amended by Stats. 2025, Ch. 303, Sec. 46. (AB 1512) Effective January 1, 2026.)

article: 3. Approval of Federal Contracts


text: An action to determine the validity of any contract and bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

history: (History: Amended by Stats. 1961, Ch. 1539.)

article: 3. Approval of Federal Contracts


text: All payments to the United States under any contract between a district and the United States, including payments of interest and principal on bonds deposited with or transferred to the United States, shall be paid, unless otherwise provided by the contract, from revenue derived from annual assessments, apportioned pursuant to this chapter, upon real property within the district assessable for district purposes under the laws of the State, and the real property shall be and remain liable to be assessed and levied upon for the payments.

article: 4. Federal Contract Assessments

path: 11. IRRIGATION DISTRICTS > 2. Cooperation With United States > 4. Federal Contract Assessments


text: The district by its board shall annually levy an assessment sufficient to raise the money necessary to meet all payments when due as provided in the contract.

article: 4. Federal Contract Assessments


text:
The assessment required in any year to meet the payment due to the United States for all purposes under the contract may be apportioned in accordance with the benefits. In the ascertainment of the benefits there shall be taken into account:

(a) The provisions of the contract, the applicable Federal laws, and the notices and regulations issued in pursuance of those laws.

(b) In addition, in case the contract is for the assumption by the district as principal or guarantor of indebtedness to the United States theretofore existing on account of district land, the provisions of existing contracts carrying the indebtedness and the amounts of the liens that may be released in pursuance of the contract.

article: 4. Federal Contract Assessments


text: Where a district makes a contract with the United States for a supply of water or for the payment or repayment of construction costs upon a reclamation project, and the United States has theretofore made individual contracts with landowners or entrymen as to land within the district, and such landowners or entrymen have under such individual contracts paid all or a portion of the charges to be paid to the United States upon construction costs or for a water supply, the assessment required in any year to meet the payment due to the United States for all purposes under the contract may be apportioned in whole or in part in accordance with the benefits received by such landowners or entrymen under the contract between the district and the United States. In the levying of district assessments upon the lands of such landowners or entrymen, the amounts already paid by such landowners or entrymen may be taken into consideration in the levying and equalizing of the assessments to the end that such landowners or entrymen may not be required to pay by way of assessment the amounts that such landowners or entrymen may have already paid to the United States under individual contracts.

history: (History: Added by Stats. 1953, Ch. 1508.)

article: 4. Federal Contract Assessments


text:
The contract between a district and the United States may, subject to hearing and equalization as provided herein, determine, or provide for the method of computation of, the benefits accruing to each parcel of land within the district from the agreement of the district to pay the construction charges applicable to such lands to the United States; and such determination or provision in the contract may be amended from time to time.

If the district shall determine to apportion the assessment required in any year to meet the payment due to the United States on account of such construction charges in accordance with such benefits it shall establish for each parcel of land an appropriate period of years over which such benefits should be paid (which periods may be different as to different parcels), and thereby determine the amount applicable to the year in question. The annual assessment on each parcel shall be equal to the amount so determined increased by such a percentage as shall, in the opinion of the board, be deemed sufficient to cover anticipated delinquencies.

The secretary shall thereupon include an announcement of apportionment according to benefits in the notice provided for in Section 25550. At the meetings of the board as a board of equalization it may hear and determine objections to the assessment and order any changes that it deems just. Within 15 days after the close of its session as a board of equalization the board shall levy the assessment, the secretary shall transmit a record thereof to the collector, and thereafter the assessment shall be collected as in the case of other district assessments.

article: 4. Federal Contract Assessments


text: Public land of the United States within any district shall be subject to assessment for all purposes of this chapter to the extent provided for by the act of Congress approved August 11, 1916, entitled “An act to promote reclamation of arid lands,” or any other law which may hereafter be enacted by Congress in the same relation, upon full compliance therewith by the district.

article: 4. Federal Contract Assessments


text: Nothing in this chapter relieves any district from its obligation to pay as a district in case of the default of any land unless so provided by the contract.

article: 4. Federal Contract Assessments


text: All money collected in pursuance of the contract shall be paid into the district treasury and held in a fund to be known as the “United States Contract Fund” to be used for payments due to the United States under the contract.

article: 4. Federal Contract Assessments


text: When the United States is authorized to construct works for the benefit of any district and the district is obligated to repay the construction cost in whole or in part to the United States, the district may by resolution of its board enter into a contract with the United States for the construction of the works or may submit bids for the construction of the works the same as any other person may submit bids for the construction of the works.

path: 11. IRRIGATION DISTRICTS > 2. Cooperation With United States > 5. Construction of Works for United States


text: If a district is the successful bidder for the construction of the works or any part of them, the district may execute at its expense a bond for the faithful performance of the work and do any and all things required by the United States as would be required of any other successful bidder.

article: 5. Construction of Works for United States


text: A district upon the execution with the United States of a contract for the construction of works by the district shall proceed with the work in the same manner and under the same laws and rules and regulations as would apply to the district in the construction of any works which it is authorized to construct.


text: For the purpose of providing the necessary money to carry on the construction work the district may borrow money for a term not exceeding five years at rates of interest, to be fixed by its board, not exceeding 7 per cent per year and issue notes, warrants, or other evidences of indebtedness therefor. The aggregate amount of the indebtedness shall at no time exceed one-half of the total construction cost as provided in the construction contract.


text: Any money received by a district from the United States under the contract shall first be applied to the retirement of notes, warrants, or other evidences of indebtedness issued pursuant to this article.


text:
In addition to other powers conferred by this chapter districts may pursuant to this article borrow or procure money from the United States for any of the following purposes:

(a) Financing any operations or purposes of the district.

(b) Financing or refinancing any or all of the obligations of the district.

(c) Refunding or purchasing bonds of the district.

article: 6. Borrowing from United States

path: 11. IRRIGATION DISTRICTS > 2. Cooperation With United States > 6. Borrowing from United States


text: When the United States has appraised the security underlying the indebtedness of any district or loans any district money to refund any of its indebtedness or to finance any of its operations, the district may in contracting for the loan agree that it will not during the life of the loan levy any assessment for an amount less than required by the contract.

article: 6. Borrowing from United States


text: Any district, upon being authorized so to do as provided by Article 3 of this chapter as modified in this article, may as evidence of the loan execute a contract with the United States.

article: 6. Borrowing from United States


text: A district may issue bonds if required by the contract or without a contract.

article: 6. Borrowing from United States


text: The bonds shall contain any terms and be payable in any manner and from any source of revenue that may be agreed upon between the district and the United States and may bind the district for the payment of the bonds according to the terms thereof.

article: 6. Borrowing from United States


text: The bonds may be serial or sinking fund bonds, may be made callable either by number or by lot, and may be made payable to bearer or to the United States. They shall be in the form and authorized and issued in the manner substantially as provided for refunding bonds of districts.

article: 6. Borrowing from United States


text: A majority vote at an election shall be sufficient to authorize the execution of the contract.

article: 6. Borrowing from United States


text: The notice of election and ballot need contain only the information required in the case of ordinary bond elections.

article: 6. Borrowing from United States


text: Proposals both to enter into a contract and to issue bonds may be voted upon as a single proposition.

article: 6. Borrowing from United States


text:
As used in this article “county water district” means a county water district which has heretofore executed or shall hereafter execute a contract with the United States for any or all of the following purposes:

(a) Acquisition, extension, or operation of works for irrigation or drainage or flood control or the development of electric or other power.

(b) A water supply.

(c) Assumption as principal or guarantor of indebtedness to the United States.

path: 11. IRRIGATION DISTRICTS > 2. Cooperation With United States > 7. County Water Districts as Irrigation Districts


text: Every such county water district shall, within the meaning of the act of Congress approved August 11, 1916, entitled “An act to promote the reclamation of arid lands” and of the act of Congress approved May 15, 1922, entitled “An act to provide for the application of the reclamation law to irrigation districts,” be deemed to be an irrigation district organized and created under the irrigation districts laws of this State.

article: 7. County Water Districts as Irrigation Districts


text: Public land of the United States within any such county water district is subject to assessment and taxation for all purposes of such district to the extent provided in said acts of Congress upon full compliance therewith by the county water district.


text: The provisions of this chapter do not extend the right of eminent domain to any public use in behalf of which it may not otherwise be exercised.

chapter: 3. Cooperation With Other Districts

path: 11. IRRIGATION DISTRICTS > 3. Cooperation With Other Districts > 1. Cooperation With Districts in Other States


text: Districts may enter into agreements with irrigation districts in adjoining States for the joint acquisition, management, and control of diverting, impounding, or distributing works for irrigating or draining land within the boundaries of the respective districts.

article: 1. Cooperation With Districts in Other States


text: Agreements pursuant to this article may be evidenced by written contracts executed on behalf of the board of directors or trustees of each respective district or by resolutions entered upon their respective minutes.


text: The contracts or certified copies of them and certified copies of the resolutions shall be recorded in the office of the county recorder in each county in which is situated any of the land of the districts or any of the reservoir sites or other real property owned by the districts or acquired pursuant to this article.


text: Agreements made pursuant to this article may provide for joint ownership, several ownership, or ownership in common of the property convenient for their joint purposes and may provide for the terms under which or the respective proportions in which the property shall be held.


text: Any rights or disputes arising out of or from the agreements may be tried before and enforced by any court of competent jurisdiction in this State.


text: Any meeting of a board regularly adjourned to or called substantially in the manner for calling special meetings may be held in conjunction with the board of the cooperating district in the cooperating district in the adjoining State with the same validity as if held at the district office in this State.


text: For the purposes of cooperative action pursuant to this article either district may divert water from either or both States for either or both impounding in the adjoining State or for distribution to the land of either or both cooperating districts.


text: So far as necessary for carrying out the purposes of this article a cooperating district in an adjoining State may hold title to property in this State, and a cooperating district in this State may hold title to property in the adjoining State.


text: As used in this article “districts” means one or more irrigation districts together with one or more county water districts.

path: 11. IRRIGATION DISTRICTS > 3. Cooperation With Other Districts > 2. Cooperation with County Water Districts


text:
As used in this article “contract with the United States” means a contract made under the provisions of the Federal Reclamation Law for any or all of the following purposes:

(a) Acquisition, extension, or operation of works for irrigation, drainage, flood control, or development of electric or other power.

(b) A water supply.

(c) Assumption as principal or guarantor of indebtedness to the United States.

article: 2. Cooperation with County Water Districts


text: As used in ths article “power rights” includes power possibilities, power resources, and power privileges.


text:
Districts may contract with each other pursuant to this article only when both:

(a) Each of the districts before or after contracting pursuant to this article makes a contract with the United States.

(b) All of the contracting districts propose to divert or carry water for use in the districts by means of a single main canal or system of works.


text: Any contract between districts made before each of the districts has made a contract with the United States shall be effective when all of the districts have so contracted with the United States.


text: In any contract between districts they may contract to compromise and settle any controversies existing between them as to the extent or priority of their respective rights and claims to the use of water and agree upon the limitation and definition of the areas within them respectively upon which such water shall be beneficially used.


text: Districts may also contract that applications theretofore filed by either of them with the State Water Rights Board or its predecessor shall be amended to conform to the provisions of the contract between them and that permits and licenses be issued accordingly.

history: (History: Amended by Stats. 1957, Ch. 1932.)


text: Districts may also contract to compromise and settle any controversies existing between them as to power rights upon the canal or other water system, and for these purposes any of the districts may demise to another of the districts all of the power rights which the demising district has or thereafter obtains.


text: The lease may be made for any term not exceeding 99 years and may vest in the lessee the operation, management, development, and control of the power rights and the use, sale, and control of power produced therefrom. The lease may provide for the payment of rentals and any other matters relevant to the leasing of the power rights as the districts may in their discretion deem advisable not in conflict with the Constitution of this State nor with the express terms of the statutes under which the districts are respectively organized and exist.


text: Districts may also contract that when the lease has been executed, the lessor may be required upon any terms agreed upon to procure for the lessee district contracts or applications for electric power signed by consumers in the lessor district and that the lessee district shall serve electric power in the lessor distict at rates and upon terms and conditions prescribed in the contract.


text: Districts may also contract that they shall cooperate to obtain permits and licenses to appropriate water for power purposes and to construct power facilities from the State Water Rights Board or any federal agency or both in the manner prescribed in the contract.


text: Districts may also contract for any other matters authorized by law.


text: Districts so contracting have full power to perform and observe the contracts in accordance with the tenor and spirit thereof.


text: Contracts made pursuant to this article shall be liberally construed to effectuate them according to their true intent.


text: The execution of a contract between districts may be authorized by resolution of their respective boards.


text: Any and all such contracts executed prior to September 13, 1941, by and between such districts and all acts of boards of directors and other officers of such districts leading up to and including the execution of such contract or contracts, are hereby legalized, ratified, confirmed and declared valid to all intents and purposes, and the power of such districts to execute, carry out, perform and observe such contracts and every provision thereof is hereby ratified, confirmed and declared valid and such contracts are hereby declared to be in all respects the legal and binding obligations of, against and in favor of each of such contracting districts.


text: Contiguous land may be formed into a distribution district for the purpose of contracting with the United States, pursuant to the federal reclamation laws, for the construction of a distribution system separate from or supplemental to the works of the district.

history: (History: Added by Stats. 1949, Ch. 169.)

chapter: 1. Formation

article: 1. Petition for Formation

path: 11. IRRIGATION DISTRICTS > 1. Formation > 1. Petition for Formation


text: As used in this part, “federal reclamation law” shall mean the Federal Reclamation Act of June 17, 1902 (32 Stats. 388), and all acts amendatory thereof or supplemental thereto.

article: 1. Petition for Formation


text: The formation of a distribution district may be proposed and the petition therefor shall be signed by two-thirds or more in number of the holders of title to the land in the proposed distribution district appearing on the last equalized assessment roll of the district.

article: 1. Petition for Formation


text:
A petition for the formation of a distribution district shall contain all of the following:

(a) Statement of the plans of the proposed distribution system.

(b) Description of the land in the proposed distribution district.

(c) Names of the owners of all land within the proposed distribution district with their last known addresses.

(d) Description of the land owned in the proposed distribution district by each owner, which shall be according to the next preceding equalized assessment book of the district.

(e) Signatures of the petitioners.

article: 1. Petition for Formation


text: The petition, all proceedings in reference to it, the distribution district, and the land in it shall be designated by a number.

article: 1. Petition for Formation


text: The petition may consist of any number of separate instruments, which shall be duplicates except as to signatures.

article: 1. Petition for Formation


text: A petition to form a distribution district shall be filed with the secretary in the office of the district and may be inspected by all persons interested.

article: 1. Petition for Formation


text: Upon receipt of a petition to form a distribution district the board shall cause a survey to be made of the proposed distribution system.

article: 2. Plans and Estimate of Assessment

path: 11. IRRIGATION DISTRICTS > 1. Formation > 2. Plans and Estimate of Assessment


text:
If the survey shows that the distribution system is feasible, the board shall cause to be prepared the following:

(a) An estimate of the cost of the proposed distribution system.

(b) A statement of the estimated rate of ad valorem tax which probably will be necessary to meet the distribution district’s obligation to the United States under the proposed contract or contracts.

article: 2. Plans and Estimate of Assessment


text: The estimate of cost and the statement of the estimated rate of ad valorem tax shall be filed with the secretary in the office of the district and may be inspected by all persons interested.

article: 2. Plans and Estimate of Assessment


text: After the filing of the formation petition and the estimate of cost and the statement of the estimated rate of ad valorem tax, the board shall give notice of a hearing on the petition.

article: 3. Hearing on Formation

path: 11. IRRIGATION DISTRICTS > 1. Formation > 3. Hearing on Formation


text:
Notice of the hearing shall be given by all of the following:

(a) Posting a notice in three public places within the proposed distribution district.

(b) Publication of the notice once a week for two weeks in a newspaper published in the office county.

(c) Mailing a copy of the notice to the last known address of all of the owners of land in the proposed distribution district to the addresses appearing on the last equalized assessment roll of the district.

The notices shall be posted and mailed not less than twenty days prior to the date set for the hearing.

article: 3. Hearing on Formation


text:
At the hearing the board shall hear any objections coming before it to any of the following:

(a) The petition.

(b) The formation of the distribution district.

(c) The land to be included within the distribution district.

(d) The proposed distribution system.

(e) The estimate of cost.

(f) The estimate of the ad valorem tax.

article: 3. Hearing on Formation


text: At the hearing the board shall make any changes in reference to matters set forth in Section 23522 as it considers proper. The board may exclude any part of the land described in the petition from the proposed distribution district and may include additional land.

article: 3. Hearing on Formation


text: If any additional land is included within the proposed irrigation district, the hearing shall be continued and the owners of the added land given personal notice of not less than twenty days of the addition of the land to the distribution district.

article: 3. Hearing on Formation


text: Regardless of any findings made by the board if more than one-third in number of the owners of title to land within a proposed distribution district object at the hearing to its formation or to the levy of the proposed ad valorem tax, the board shall deny the petition, and no further proceeding shall be had on it.

article: 4. Formation and Assessment

path: 11. IRRIGATION DISTRICTS > 1. Formation > 4. Formation and Assessment


text: If at the hearing the board finds that it would not be for the best interest of the district to form the distribution district the board shall order the proceedings dismissed without prejudice to their renewal.

article: 4. Formation and Assessment


text:
If the board finds that it would be for the best interests of the district and the proposed distribution district to form the distribution district, it shall make and enter in its minutes a final order:

(a) Approving the petition.

(b) Forming the distribution district.

(c) Providing that an ad valorem assessment shall be levied each year in the same manner as district assessments to meet the obligations of the contract with the United States under the federal reclamation laws.

(d) Describing the land in the distribution district.

article: 4. Formation and Assessment


text: Assessments levied for the purpose of meeting obligations accruing under a contract with the United States pursuant to the reclamation laws shall be payable in the same manner and at the same time as district assessments, and such distribution district assessments shall be made in the number and amount sufficient to meet the obligations accruing under such contract.

article: 4. Formation and Assessment


text: The secretary shall cause a certified copy of the order creating the distribution district to be recorded in the office of the county recorder in each county in which any land of the distribution district is situated.

article: 4. Formation and Assessment


text: All lands of the distribution district shall remain jointly liable for all obligations accruing to the United States under any contract between the distribution district and the United States pursuant to the federal reclamation laws.

article: 4. Formation and Assessment


text: If at any time it is desired to include additional land in a distribution district, a petition for inclusion signed by the owners of the land to be included and by two-thirds in number of the holders of title to the land in the distribution district may be filed with the board.

chapter: 2. Inclusion and Exclusion of Land

article: 1. Inclusion of Land

path: 11. IRRIGATION DISTRICTS > 2. Inclusion and Exclusion of Land > 1. Inclusion of Land


text: The inclusion petition shall describe the land in the distribution district as enlarged by the proposed inclusions and give the names and addresses of the owners of the additional land in substantially the same manner as in the original petition for forming a distribution district.

article: 1. Inclusion of Land


text: The same proceedings shall be had on the distribution district inclusion petition as upon the original petition for the formation of a distribution district.

article: 1. Inclusion of Land


text: At any time before a district has incurred any indebtedness or obligation, or after all indebtedness and obligations have been discharged, two-thirds or more in number of the holders of title to an area of land in the distribution district, as appears on the last equalized assessment roll, desiring to be excluded therefrom may by verified petition filed with the board of the district, request that the area be excluded from the distribution district.

history: (History: Added by Stats. 1951, Ch. 145.)

article: 2. Exclusion of Land

path: 11. IRRIGATION DISTRICTS > 2. Inclusion and Exclusion of Land > 2. Exclusion of Land


text: The secretary of the district, upon the filing of the petition, shall examine it and if, in his opinion, the petition has been signed by the requisite number of landowners, he shall set it for hearing at the first regular meeting of the board of the district held after the expiration of 30 days after the filing of the petition.

article: 2. Exclusion of Land