text: At least 90 days before any interest date of the bonds, the treasurer of the district shall certify to the county treasurer of each affected county an estimate of the amount of money and the percentage of the assessment together with the interest thereon, or only of the interest, necessary to pay interest and principal or the interest maturing on the interest date after crediting thereon the funds in the treasury applicable to the payment thereof, to be collected by such county treasurer, and shall add thereto 15 percent of such aggregate sum to cover possible delinquencies. In determining the amount of the funds in the treasury applicable to such payment and to be so credited, the treasurer of the district shall not take into account the bond reserve fund, if any, applicable thereto unless he is directed to do so by the board in accordance with the terms upon which the bond reserve fund was established.

history: (History: Amended by Stats. 1966, 1st Ex. Sess., Ch. 56.)

article: 2. Levy and Collection

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 8. Assessments Upon Which Bonds Have Been Issued > 2. Levy and Collection


kind: section

code: WAT

text:
Each county treasurer shall cause to be published once a week for two successive weeks in the county of which he is county treasurer a notice substantially in the following form:

(Name of water storage district.) Notice is hereby given that an installment of assessment (describing it) or (amount or proportion thereof including interest thereon or only for interest) is payable within 30 days from date by all assessed landowners of said district in the county of (name of county) to the treasurer of said county. All or any part of said installment of interest which remains unpaid on the (day fixed) will be delinquent, together with accrued interest thereon, with 10 percent of such installment and interest added as penalty. Dated, .(Signed) ,Treasurer of County.If no newspaper is published in the county, publication shall be made in a newspaper published in an adjoining county.

history: (History: Added by Stats. 1951, Ch. 391.)

division: 14. CALIFORNIA WATER STORAGE DISTRICT LAW

chapter: 8. Assessments Upon Which Bonds Have Been Issued

article: 2. Levy and Collection


text: If any part of the installment or any interest thereon remains unpaid at the expiration of 30 days from the date of the notice, it becomes delinquent, and 10 percent of the unpaid amount of the installment and interest shall be added thereto and collected by the county treasurer.

article: 2. Levy and Collection


text:
When any installment has become delinquent, the county treasurer shall, within 10 days, publish a notice in the county once a week for two successive weeks containing all the following:

(a) A description of each parcel of land within the county, as described on the assessment list, on which a delinquent installment is due.

(b) The name of the person to whom the installment is assessed, or if the owner is unknown, a statement of that fact.

(c) The amount of the installment delinquent on each parcel.

(d) The amount of interest on the delinquent installment, reckoned to the day of sale.

(e) The amount of the 10 percent penalty.

(f) A statement that each of the described parcels will be sold at public auction by the county treasurer in front of the county courthouse at a specified day and hour to pay the delinquent installment plus accrued interest and penalty.

The day of sale shall not be less than 30 nor more than 60 days from the date of delinquency.

article: 3. Sale of Property

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 8. Assessments Upon Which Bonds Have Been Issued > 3. Sale of Property


text: At the time stated in the notice, the county treasurer shall sell each parcel of land described in the notice to the highest bidder, unless prior thereto he shall have received payment in full of the delinquent installment, together with interest and penalty. No bid for any parcel shall be accepted less than the aggregate sum then due on the installment thereon with interest and penalty.

article: 3. Sale of Property


text: The sale shall be made for cash, except the treasurer may receive from any purchaser, at their face value in lieu cash, bonds of the district or their interest coupons, issued on the assessment and then matured or to mature within 60 days after the sale. Any bond or coupon received in payment for property sold by the county treasurer shall be canceled and filed by the county treasurer in the office of the treasurer of the district. If the entire amount of the bond or coupon tendered in payment is not required to complete payment of the purchase money, the county treasurer shall endorse thereon as paid the amount of the purchase money credited thereon.

article: 3. Sale of Property


text: If no bid is made for any parcel at the sale equal to the amount of the installment delinquent thereon, with interest and penalty, the county treasurer shall bid in and sell the parcel to himself and his successors in office, as trustee of the bond fund of the district, as purchaser, for the amount of the installment, interest, and penalty.

article: 3. Sale of Property


text: The county treasurer shall execute to each purchaser, including himself as trustee, a certificate of sale, and shall record a duplicate in the county recorder’s office.

article: 3. Sale of Property


text: Any person interested in property sold pursuant to this chapter may redeem it at any time within three years after the date of sale by paying to the county treasurer a sum equal to the purchase price stated in the certificate, with interest thereon at the rate of 12 percent per year from the date of sale to the date of redemption.

article: 4. Redemption

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 8. Assessments Upon Which Bonds Have Been Issued > 4. Redemption


text: If no redemption is made within three years, the county treasurer, upon demand and surrender of the certificate of purchase, shall execute to the purchaser, his heirs or assigns, a deed of conveyance of the parcel of land described in the certificate.

article: 4. Redemption


text: The deed shall convey the land to the grantee free and clear of all encumbrances, except state, county, and municipal taxes, assessments or taxes levied or assessed by or under statutory authority, and any district assessment, or portion thereof, remaining unpaid at the date of the sale, installments of which may be called and collected as provided in this division.

article: 4. Redemption


text: No parcel sold and conveyed to the district shall thereafter be subject to sale by the county treasurer for delinquent installments.

article: 4. Redemption


text: Every deed by a county treasurer purporting to be executed under this chapter shall be prima facie evidence of the truth of the matters therein recited, and of ownership by the grantee of the land therein described.

article: 4. Redemption


text:
The board shall levy an amendatory assessment in the manner provided for original assessments in Chapter 2 of this part if the original assessment was one levied pursuant to Chapter 2 of this part and any of the following occur:

(a) Any land within the district is omitted from any assessment roll.

(b) Land appears in the assessment roll but is neither assessed nor stated not to be assessed.

(c) A final judgment of a court of competent jurisdiction has held that any assessment is invalid as to any part of the land assessed.

This amendatory assessment shall be based upon a determination, as nearly as may be, of the amount the original assessment upon the land would have been except for the omission or invalidity.

chapter: 9. Amendatory Assessments

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 9. Amendatory Assessments


text: In case the assessment to be amended was not one made under Chapter 2 of this part, the board shall cause an amendatory assessment as to such land to be made upon the basis and in the manner in which the assessment to be amended was made. The proceedings for making, levying, and collecting such amendatory assessment shall be the same as those provided in this division for the making, levying, and collecting the assessment of which such assessment is amendatory. This assessment shall be made within two years after the making of the original assessment.


text: Upon the inclusion of any land within a district pursuant to Chapter 2 of Part 10 of this division an assessment shall be levied upon the land, the amount of the assessment against each tract or parcel to be the amount, as nearly as can be determined, of all assessments, other than those levied under the authority of Chapter 7 of this part, which would have been levied against the tract or parcel if it had been included in the district from its organization.

chapter: 10. Assessment of Included Land

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 10. Assessment of Included Land


text: The board shall appoint commissioners to make the assessment in the number and manner provided in Article 1 (commencing with Section 46150) of Chapter 2 of this part.

history: (History: Amended by Stats. 1992, Ch. 1020, Sec. 126. Effective January 1, 1993.)


text: The assessment shall be made in the same manner and with the same incidents as an original assessment under Chapter 2 of this part, and all of the provisions of this division as to assessments shall, so far as they are applicable, apply to such assessment.


text: Upon the call of any assessment, or portion thereof, as provided in this division the board shall ascertain the total net revenue which has been derived by the district from the generation of electric power since the call of the last preceding assessment, or portion thereof.

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 11. Deduction of Power Revenues From Assessments


text: From the assessment called upon each tract of land which has been assessed for the costs of the properties comprising the portion of the project to be used for the generation of electric energy, there shall be deducted by the county treasurer of each affected county an amount equal to such proportion of the total net revenue ascertained to have been derived from the generation of electric energy as the portion of costs assessed under Chapter 2 of this part against the tract bears to the total of such costs. In making the deduction, fractions of cents upon each tract shall be disregarded and no error in the computation of the deduction shall invalidate any such call.

chapter: 11. Deduction of Power Revenues From Assessments


text: When a district has levied an assessment and it appears to the board that the assesssment or some part thereof, together with the interest thereon, will provide an amount greater than is required to meet all obligations incurred or to be incurred for the purposes for which the assessment or part thereof was levied, the board may, by resolution, declare its intention to cancel all or any portion of the assessment, including any interest thereon, or all or any portion of such interest. For the purposes of this chapter, the term “assessment balance” means the assessment and the interest thereon, and the board, in the manner and subject to the limitations provided in this chapter, may cancel any part of such assessment balance, including all of the assessment and the interest thereon, a part of the assessment and the interest thereon, all of the interest on the assessment or a part of the interest on the assessment.

history: (History: Amended by Stats. 1963, Ch. 181.)

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 12. Cancellation and Refund of Unnecessary Assessments


text: In the resolution of intention the board shall specify the portion of the assessment balance proposed to be canceled and appoint a time not less than three weeks nor more than five weeks from the date of the resolution when it will hold a meeting and hear any objections.

chapter: 12. Cancellation and Refund of Unnecessary Assessments


text: A copy of the resolution of intention shall be published once a week for three successive weeks before the time appointed by the board for the meeting in a newspaper of general circulation in each affected county.

history: (History: Added by Stats. 1957, Ch. 821.)


text: Objections shall be written, verified, and filed with the secretary, and no objection shall be considered by the board or allowed in any other action or proceeding unless made in writing and filed with the secretary prior to the meeting.


text: At the meeting the board shall hear any evidence offered in support of the written objections, after which the board may, by resolution, cancel all or a part of the assessment balance to the extent that the board finds that the assessment balance will provide an amount greater than is required to meet all obligations incurred or to be incurred for the purposes for which the assessment was levied. The board shall specify in the resolution the portion of the assessment balance which is to be canceled with respect to each tract against which the assessment was levied, describing each tract as described in the assessment roll or by the number of the tract as used in the assessment role. In adopting a resolution to cancel the board may make such revisions in the original plan set forth in its resolution of intention as it sees fit.


text: When a resolution to cancel is adopted, a copy thereof, certified by the secretary, shall be attached to the assessment roll by the county treasurer of each county in which the assessment roll is filed.

history: (History: Amended by Stats. 1992, Ch. 1020, Sec. 128. Effective January 1, 1993.)


text: When the resolution to cancel is attached to the assessment roll the secretary shall endorse upon the assessment roll after each tract assessed the amount of the assessment balance which has been canceled with respect to such tract.


text: When a landowner, in a district in which the board has canceled any assessment balance or portion thereof, has paid all or a part of his share of the canceled assessment balance or portion thereof, the board shall issue a warrant of the district in favor of the landowner in an amount equal to the paid portion of his assessment balance which was canceled, with such interest thereon as the board shall, by resolution, determine to be appropriate to recompense landowners who have paid their assessments for any benefit obtained by other landowners as a result of the cancellation of the interest otherwise payable on their assessment.


text: The warrants shall be payable out of the fund of the district into which the proceeds of the assessment had been paid. The board shall not cancel so much of an assessment balance as to leave insufficient funds for this purpose.


text: No assessment balance or part thereof shall be canceled pursuant to this chapter if bonds based thereon and secured thereby have been issued and remain unpaid and provision has not been made for the payment thereof.


text: This chapter provides an alternative method for the collection and enforcement of district assessments.

history: (History: Added by Stats. 1963, Ch. 905.)

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 13. Alternate Provisions for Collection and Enforcement of District Assessments by the County > 1. Collection of Assessments by the County


text: The board may elect to avail itself of the assessor, auditor and tax collector of the county or counties in which the district is situated to collect assessments levied and called pursuant to this part.

chapter: 13. Alternate Provisions for Collection and Enforcement of District Assessments by the County

article: 1. Collection of Assessments by the County


text: The board shall declare its election by a resolution and shall file a certified copy of said resolution with the auditor, assessor, tax collector and treasurer of each county within which the district is situated on or before February 1, following the adoption of such resolution.


text: An election pursuant to Section 47902 is effective with respect to all assessments designated by the board to be collected pursuant to the provisions of this article and which were levied or called after February 1, next succeeding the date upon which the certified copy is filed. Thereafter, the assessments designated by the board shall be collected by the tax collectors of the county or counties in which the district is situated until the board, by resolution, elects otherwise. When the board elects otherwise, a certified copy of such resolution shall be filed with the auditor, assessor, tax collector and treasurer of each county within which the district is situated and it is effective, with respect to any assessments levied or called, after February 1, next succeeding the date upon which the certified copy is filed.

history: (History: Amended by Stats. 1969, Ch. 1086.)


text: On or before the 15th day of July, the board shall designate and determine by resolution the percentage of any assessment theretofore levied that shall be called and collected pursuant to this chapter.

history: (History: Amended by Stats. 1970, Ch. 17.)


text: A certified copy of the resolution provided for in Section 47904 shall immediately be filed by the secretary of the district with the county treasurer and county auditor of each affected county.


text: The county treasurer, upon receipt of the certified copy of the resolution, provided for by Sections 47904 and 47905, shall forthwith discontinue making collections on the affected assessment and shall transfer to the county auditor the assessment rolls designated in the resolution together with an accounting of all payments made on the assessments so transferred.


text:
The county auditor, on receipt of said affected assessment rolls from the county treasurer, shall compute the amount to be collected from each parcel of land in the district held in separate ownership as shown on the transferred assessment rolls and the county tax roll, and shall enter in a separate column in the county assessment books, headed “Water Storage District Assessment, ____ Water Storage District (naming it),” the sums in dollars and cents to be collected against the respective parcels of land.

On any parcel of land on which payments have been made on such assessment prior to the receipt of the resolution by the county treasurer, credit for the amount so paid shall be given in determining the amount payable.


text: Assessments called pursuant to this chapter shall be collected at the same time and in the same manner as county taxes. When collected, the net amount, as provided by this chapter, shall be paid to the treasurer of the district, under the general requirements and penalties provided by law for the settlement of county taxes.


text: Each county assessor, auditor, treasurer and tax collector shall file annually with the board of supervisors of his county, itemized statements showing the additional expenses to his office caused by performance of the duties imposed upon him by this chapter. Upon the filing of such statements the board of supervisors, by an order upon its minutes, shall deduct such expenses from the assessment money of the district while in the hands of such tax collector and transfer the amount deducted into the county general fund.


text: The board of supervisors may provide extra help for their county offices or officers as in their judgment is necessary for the proper performance of their duties under this article.


text: Whenever any real property situated in any district which availed itself of county collection of assessments under this chapter has been sold for taxes and has been redeemed, the money paid for redemption shall be apportioned and paid by the county treasurer receiving it, to the district in the proportion which the assessment due to the district shares to the total tax and assessment for which the property was sold.


text: Notwithstanding the provisions of Sections 47902 and 47903, any district organized pursuant to this division, which organization was completed prior to the effective date of this section, may, prior to July 1, 1963, adopt the resolution and file a certified copy thereof with the auditor, assessor, tax collector and treasurer of each county within which the district is situated, which resolution shall be effective on filing notwithstanding the provisions of Section 47903.


text:
The board, by resolution, in lieu of enforcing collection of delinquent assessments pursuant to Chapter 5 (commencing with Section 46670) of this part, may include in the resolution provided by Section 47904 an order directing that all delinquent assessments be transferred to the county tax rolls for collection.

On receipt of the certified copy of the resolution containing such order, the county treasurer shall forthwith close the delinquent rolls and transfer the same to the county auditor whose duty it shall be to compute the amount of the delinquency, with interest and penalties, and add such amounts chargeable against the various parcels of land in a column on the county assessment roll designated, “delinquent assessments”, such entry to be made in dollars and cents and to include interest to the date that the payments on the county assessment roll are due.

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 13. Alternate Provisions for Collection and Enforcement of District Assessments by the County > 2. Placing of Delinquent Assessments on County Tax Rolls


text: The provisions of Chapter 5 (commencing with Section 46670) of this part with reference to the method of collection of assessments shall not be applicable to the collection of assesments under this chapter in the event that the board elects to proceed under Section 47930 of this code.

history: (History: Amended by Stats. 1965, Ch. 217.)

article: 3. Enforcement of Delinquencies

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 13. Alternate Provisions for Collection and Enforcement of District Assessments by the County > 3. Enforcement of Delinquencies


text: The enforcement of the collection of district assessments under this chapter may be had in the same manner and by the same means as provided by law for the enforcement of liens of county taxes.

article: 3. Enforcement of Delinquencies


text:
The district may elect to have the county collect such tolls and charges established pursuant to Section 43006 or 47180 as may be designated by the board. If the district so elects, it shall certify to the county auditor of each affected county on or before the third Monday in August of each year in which the board has elected to have the designated tolls and charges collected by the county, the following information for purposes of such collection:

(a) The total amount estimated to be collected from the entire district.

(b) The assessee parcels and assessee names for each parcel of land in the district against whom the toll or charge has been fixed and the acreage assessed to such person according to the district records and the rate or rates per acre of such toll or charge to be paid by each assessee parcel.

history: (History: Added by Stats. 1969, Ch. 1086.)

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 13. Alternate Provisions for Collection and Enforcement of District Assessments by the County > 4. Collection of Tolls and Charges by the County


text: The county auditor shall thereafter add to the tax bills for each assessee and assessee parcel as so certified, in addition to the other charges, such tolls and charges of the district.

article: 4. Collection of Tolls and Charges by the County


text: The county tax collector and treasurer shall thereupon collect, receive and disperse to the district such tolls and charges as are collected with the regular tax payments to the county. The provisions of Sections 47908 to 47911, inclusive, shall be applicable to any such tolls and charges.


text: The holder or holders of title to one or more tracts of land which constitute a portion of a district may jointly or severally file with the board a petition, praying that the tract or tracts, and any other tracts contiguous thereto, may be excluded from the district.

history: (History: Amended by Stats. 1963, Ch. 1607.)

chapter: 1. Exclusion

article: 1. Petition and Notice

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 1. Exclusion > 1. Petition and Notice


text: The petition shall state the grounds and reasons upon which it is claimed that the land should be excluded and shall describe the boundaries thereof, and also the land of such petitioner or petitioners which is included within the boundaries. The description of the land need not be more particular or certain than is required when the land is entered in the assessment book by the county assessor.

article: 1. Petition and Notice


text: The petition shall be acknowledged, and the acknowledgment shall have the same force and effect as evidence as the acknowledgment of a conveyance of real property.

article: 1. Petition and Notice


text: The board shall cause a notice of the filing of the petition to be published once a week for two successive weeks in some newspaper published in the office county, and in a newspaper published within each other affected county. If no newspaper be published therein, the notice shall be posted for the same time in at least three public places in the district, and one of the notices shall be posted on the land proposed to be excluded.

article: 1. Petition and Notice


text:
The notice shall state all of the following:

(a) The filing of the petition.

(b) The names of the petitioners.

(c) A description of the land mentioned in the petition.

(d) The prayer of the petition.

(e) That all interested persons may appear at the office of the board at a time named in the notice and show cause in writing why the change of the boundaries of the district, as proposed in the petition, should not be made.

article: 1. Petition and Notice


text:
At the time and place provided in the notice of hearing on the exclusion petition published pursuant to Article 1 of this chapter, or at the time to which the hearing may be adjourned, the board shall hear all the following:

(a) The petition.

(b) All evidence or proofs that may be introduced by or on behalf of the petitioners.

(c) All objections to the petition that may be presented in writing by any person showing cause as provided in Article 1 of this chapter.

(d) All evidence or proofs that may be introduced in support of objections to the petition.

article: 2. Hearing and Order

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 1. Exclusion > 2. Hearing and Order


text: The failure of any person interested in the district, other than the holders of bonds thereof outstanding at the time of the filing of the petition with the board, to show cause, in writing, why the land mentioned in the petition should not be excluded from the district constitutes an assent by him to the exclusion of such land, or any part thereof, from the district.

article: 2. Hearing and Order


text: The filing of the petition with the board constitutes an assent by each and all of the petitioners to the exclusion from the district of the land mentioned in the petition, or any part thereof.

article: 2. Hearing and Order


text: The expenses of giving the notice provided for in Article 1 of this chapter and of the hearing on the exclusion petition shall be paid by the persons filing the petition.

article: 2. Hearing and Order


text:
Upon the hearing of an exclusion petition the board shall order that the petition be denied:

(a) Entirely when no evidence in support of the petition is introduced.

(b) As to any land described in the petition as to which the evidence introduced fails to sustain the petition.

(c) As to any land described in the petition which the board deems it not for the best interests of the district to exclude, except when the board judges that the land will not be benefited by the operations of the district.

history: (History: Amended by Stats. 1965, Ch. 93.)

article: 2. Hearing and Order


text:
The board, after the hearing of any exclusion petition, shall order the exclusion of all or any part of the land described in it when as to the land to be excluded either:

(a) The board judges that the land will not be benefited by the operations of the district.

(b) The board deems the exclusion to be for the best interests of the district and one of the following is true:

(1) No interested person has filed objections in writing showing cause why the land should not be excluded.

(2) All written objections made to the exclusion have been withdrawn.

(3) No written objection made to the exclusion is sustained at the hearing.

article: 2. Hearing and Order


text: No exclusion of land from any district impairs its existence, its rights, including those in or to property, or its obligations.

article: 2. Hearing and Order


text: If there are outstanding bonds of the district at the time of the filing of the exclusion petition, the holders of the outstanding bonds may give their assent, in writing, to the effect that they severally consent that the land mentioned in the petition, or such portion thereof as may be excluded from the district by order of the board, may be excluded from the district. If the land or any portion thereof is thereafter excluded from the district, the land so excluded is released from the lien of such outstanding bonds.

article: 3. Bondholders’ Assent to Exclusion

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 1. Exclusion > 3. Bondholders’ Assent to Exclusion


text: The assent shall be acknowledged by the several holders of the bonds, and the acknowledgment shall have the same force and effect as evidence as the acknowledgment of a conveyance of real property.

article: 3. Bondholders’ Assent to Exclusion


text: The assent shall be filed with the board and be recorded in its minutes. The minutes, or a copy thereof, certified by the board, shall be admissible in evidence with the same effect as the assent. The certified copy may be recorded in the office of the county recorder of the county wherein the land is situated.

article: 3. Bondholders’ Assent to Exclusion


text: In the event the board excludes any land from the district upon petition therefor, the board shall make an entry in its minutes describing the boundaries of the district, should the exclusion of the land change its boundaries. For that purpose the board may cause a survey to be made of such portions of the district as it deems necessary.

article: 4. Liability of Excluded Land

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 1. Exclusion > 4. Liability of Excluded Land


text: A certified copy of the entry in the minutes of the board excluding any land shall be filed for record in the recorder’s office of each affected county.

article: 4. Liability of Excluded Land


text: Notwithstanding the exclusion of land, the district remains a district as fully to every intent and purpose as it would be had no change been made in its boundaries, or had the land excluded therefrom never constituted a portion of the district.

article: 4. Liability of Excluded Land


text: In case land is excluded from any district, the board may, not less than 60 days before any election in the district, re-establish the boundaries of the divisions within the district.

article: 4. Liability of Excluded Land


text: Nothing in this division shall operate to release any of the land excluded from the district from any obligation to pay, or any lien thereon of any valid outstanding bonds or other indebtedness of the district at the time of the filing of the petition for the exclusion of the land. The excluded land shall be subject to any lien, and answerable and chargeable for and with the payment and discharge of all outstanding obligations of the district at the time of the filing of the petition for the exclusion, as fully as though the petition for such exclusion were never filed and the order of exclusion never made.

article: 4. Liability of Excluded Land


text: All provisions which might be resorted to to compel the payment by the land of its quota or portion of outstanding district obligations, had the exclusion never been accomplished, may, notwithstanding the exclusion, be resorted to to compel and enforce the payment on the part of the land of its quota and portion of outstanding district obligations for which it is liable as provided in this division.

article: 4. Liability of Excluded Land


text: The land excluded shall not be held answerable or chargeable for any obligation incurred after the exclusion of the land from the district.

article: 4. Liability of Excluded Land


text: The provisions of this article shall not apply to any outstanding bonds, the holders of which have assented to the exclusion of the land from the district, as provided in Article 3 of this chapter.

article: 4. Liability of Excluded Land


text: The holders of title representing one-half or more of any body of land within the same watershed as an existing district may file with the board a written petition praying that the boundaries of the district may be so changed as to include their land. The land need not be contiguous to the existing boundaries of the district and need not consist of contiguous parcels. A copy of the petiton shall be filed with the board.

chapter: 2. Inclusion

article: 1. Petition and Notice

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 2. Inclusion > 1. Petition and Notice


text: The petition shall describe the boundaries of the parcel or tract of land and the boundaries of the several parcels owned by the petitioners, if the petitioners are the owners, respectively, of distinct parcels. The descriptions need not be more particular than they are required to be when such land is entered by the county assessor in the assessment book.

article: 1. Petition and Notice


text: The petition shall be acknowledged, and shall contain the assent of the petitioners to the inclusion within the district of the land described in the petition and of which the petition alleges they are the owners.

article: 1. Petition and Notice


text: The board shall cause a notice of the filing of the petition to be published in the same manner and for the same time that notices of special elections for the issue of bonds are required by this division to be published.

article: 1. Petition and Notice


text:
The notice shall state all the following:

(a) The filing of the petition and the names of the petitioners.

(b) A description of the land mentioned in the petition.

(c) The prayer of the petition.

(d) That all interested persons may appear at the time stated in the notice at the office of the board and show cause in writing why the change of the boundaries of the district, as proposed in the petition, should not be made.

article: 1. Petition and Notice


text: The petitioners shall advance to the board sufficient money to pay the estimated costs of all proceedings upon the petition.

article: 1. Petition and Notice


text: At the time and place mentioned in the notice of filing of the inclusion petition, or at such other time or times to which the hearing of the inclusion petition may be adjourned, the board shall proceed to hear the petition and all the objections thereto presented in writing by any person showing cause why the proposed change of the boundaries of the district should not be made.

article: 2. Hearing and Order

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 2. Inclusion > 2. Hearing and Order


text: The failure of any interested person to show cause in writing as provided in this article shall be an assent on his part to a change of the boundaries of the district as prayed for in the petition, or to any such change thereof as will include a part of the land.

article: 2. Hearing and Order


text:
The board shall order the boundaries of the district changed so as to include the land described in the inclusion petition, or such portion thereof as the board has found it feasible to serve by the system of works of the district and for the best interests of the district to include, only if:

(a) No protest against such change is made to the board in writing by the board, or a protest has been made and withdrawn.

(b) No protest against such change is made by holders of title to land pursuant to Section 48250, or such protest has been made and enough signatures withdrawn to render it insufficient.

history: (History: Amended by Stats. 1965, Ch. 755.)

article: 2. Hearing and Order


text: The order of the board shall describe the boundaries as changed, and shall also describe the entire boundaries of the district as they will be after the change is made; and for that purpose the board may cause a survey to be made of such portions of the boundaries as it deems necessary.

article: 2. Hearing and Order


text: A certified copy of the inclusion order shall be recorded in the office of the county recorder of each county in which land to be included is situated. Thereupon the land becomes a part of the district.

article: 2. Hearing and Order


text: If the board determines that it is not feasible and practicable to serve any of the land described in the petition or that it is not for the best interest of the district that any of the land be included, it shall make an order denying the petition.

article: 2. Hearing and Order


text: No inclusion of land into any district impairs its existence, its rights, including those in or to property, or its obligations.

article: 2. Hearing and Order


text: If upon the inclusion hearing the board concludes that it is feasible to serve the land, or a portion thereof, described in the inclusion petition, and that it is for the best interest of the district to include the land, or a portion thereof, within the district, it shall make a finding in writing describing the boundaries of the land which it proposes to include, if a protest signed by not less than 3 percent of the holders of title to not less than 3 percent in value of the land within the district according to the last equalized county tax assessment roll has been presented to the board, and after deducting all withdrawals is still signed by 3 percent of the holders of title to land within the district.

article: 3. Inclusion Elections

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 2. Inclusion > 3. Inclusion Elections


text: Upon the making of a finding by the board as provided in Section 48250, it shall order that an inclusion election be held within the district to determine whether the boundaries of the district shall be changed to include the land specified in the finding.

article: 3. Inclusion Elections


text: The board shall fix the time at which the election shall be held and cause notice thereof to be published.

article: 3. Inclusion Elections


text: The notice shall be published and the election shall be held and conducted, returns thereof shall be made and canvassed, and the result of the election ascertained and declared, and all things pertaining thereto conducted in the manner prescribed by this division in the case of a special election to determine whether bonds of a district shall be issued.

article: 3. Inclusion Elections


text: The notice of election shall state that the election is for the purpose of determining whether certain land, describing its boundaries, shall or shall not be included in the district.

article: 3. Inclusion Elections


text: To the right of or below the question on the ballot, the words “Yes” and “No” shall be printed on separate lines, with voting targets.

history: (History: Repealed and added by Stats. 2025, Ch. 303, Sec. 60. (AB 1512) Effective January 1, 2026.)

article: 3. Inclusion Elections


text: If at the election a majority of all the votes cast are against the change of the boundaries of the district, the petition is denied.

article: 3. Inclusion Elections


text: If a majority of the votes are in favor of the change of boundaries, the board shall make its order, as provided in Article 2 of this chapter, that the boundaries of the district are changed so as to include the land therein.

article: 3. Inclusion Elections


text: A certified copy of the inclusion order shall be recorded in the office of the county recorder of each county wherein land to be included is situated. Thereupon the land becomes a part of the district.

article: 3. Inclusion Elections


text: In case land is included within any district as provided in this chapter, the board shall re-establish the boundaries of the divisions within the district so as to include the land therein, and so as to segregate into separate divisions land possessing the same general character of water rights or interests in and to the waters of the common source of supply of the district.

article: 3. Inclusion Elections


text: The board shall also re-establish the boundaries of the election precincts within the district, except that in the case of the inclusion of any land within less than 30 days before an election within the district, the election precincts shall not be re-established until after the election, and the holders of title to the newly included land shall not be entitled to vote at such election.

article: 3. Inclusion Elections


text:
Whenever land is excluded from the district or land is included in the district pursuant to this part, the board shall file a certificate with the Secretary of State listing:

(a) The name of the district.

(b) The effective date of the exclusion or inclusion.

(c) The county or counties in which the district is located, and a description of the excluded or included land, or reference to a map showing the boundaries of such excluded or included land, which map shall be attached to the certificate, or reference to the county recorder’s office where a description of such boundaries has been recorded.

If any order adopted by the board pursuant to this part with respect to the exclusion or inclusion of land contains all of the information required to be in the certificate, the board may file a copy of the order in lieu of the certificate.

history: (History: Added by Stats. 1963, Ch. 457.)

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 2.5. Notification of Secretary of State of Exclusion or Inclusion


text: A district may be consolidated in the same manner as is provided for the consolidation of county water districts in Chapter 3 (commencing with Section 32650) of Part 8 of Division 12.

history: (History: Added by renumbering Section 48300 (as added by Stats. 1963, Ch. 163) by Stats. 1963, Ch. 2132.)

chapter: 2.6. Consolidation

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 2.6. Consolidation


text: Any district organized pursuant to this division may be dissolved as provided by law.

history: (History: Amended by Stats. 1992, Ch. 1020, Sec. 129. Effective January 1, 1993.)

chapter: 3. Dissolution

path: 14. CALIFORNIA WATER STORAGE DISTRICT LAW > 3. Dissolution


text: In case a contract authorized by law has been made between a district and the United States pertaining to the construction, maintenance, or operation of the works of the district, or the delivery or supply of water therefor, no such district shall be dissolved nor shall any proceedings be initiated by a court or otherwise for the purpose of dissolving such district, unless and until the consent in writing of the Secretary of the Interior to such dissolution or proceedings has first been obtained.

history: (History: Added by Stats. 1951, Ch. 391.)


text: Unless the context otherwise requires, the provisions of this chapter shall govern the construction of this division.

history: (History: Added by Stats. 1951, Ch. 336.)

division: 15. RECLAMATION DISTRICTS

chapter: 1. Definitions

path: 15. RECLAMATION DISTRICTS > 1. Definitions


text: “District” means any reclamation district formed pursuant to any law of this State prior to April 5, 1911, and any district formed pursuant to Article 2, Chapter 1, Title 8, Part 3 of the Political Code or pursuant to this division.


text: “Board” means the board of trustees of a reclamation district.


text: “President” means the president of the board of trustees.


text: “Secretary” means the secretary of the board of trustees.


text: “Trustee” means a member of the board of trustees of a reclamation district.


text: “Landowner” means the holder of title or evidence of title to land within a district.


text: “Parcel” means a tract of land within a district.


text: “District lands” means all lands within a district.


text: “Principal county” means the county in which the whole or the greater portion of the land of a district is situated.


text: “County treasurer” means the county treasurer of the principal county.


text: “Board of supervisors” means the board of supervisors of the principal county.


text: “County clerk” means the county clerk of the principal county.


text: “Reclamation works” means such public works and equipment as are necessary for the unwatering, watering, or irrigation of district lands and other district operations.

history: (History: Amended by Stats. 1951, Ch. 681.)


text: “Eligible person” means a landowner or the legal representative of a landowner.

history: (History: Amended by Stats. 1963, Ch. 1763.)


text: “Legal representative” means an officer or other person or persons appointed to serve in that capacity by a landowner.

history: (History: Amended by Stats. 1992, Ch. 38, Sec. 1. Effective January 1, 1993.)


text: “Voter” means a landowner or the legal representative of a landowner, or if the district uses the alternate tax procedure under Article 4 (commencing with Section 51360) of Chapter 2 of Part 7 of this division for the levying of a special tax on all taxable land and improvements, then “voter” means the owner of taxable land or land and improvements as shown on the last equalized tax roll of any county in which the lands of the district are situated.

history: (History: Amended by Stats. 1966, 1st Ex. Sess., Ch. 135.)


text: Nothing in this division impairs the validity of any district formed prior to the effective date of this division, its rights, or obligations.

chapter: 2. General Provisions

article: 1. Applicability of Division

path: 15. RECLAMATION DISTRICTS > 2. General Provisions > 1. Applicability of Division


text: All swamp and overflowed salt-marsh and tidelands within one mile of the State Prison at San Quentin are excluded from the operation of this division.

article: 1. Applicability of Division


text: Districts may be formed pursuant to this division for the reclamation of any land within any city, which land is subject in any manner, to overflow or incursions from the tide or inland waters of the State.

article: 2. Districts Within Cities

path: 15. RECLAMATION DISTRICTS > 2. General Provisions > 2. Districts Within Cities


text: When districts are formed in cities pursuant to Section 50110 the duties required by this division to be performed by county officers shall be performed by the officers of the city who usually perform like duties.

article: 2. Districts Within Cities


text: The purchaser of public land unsold in any district at the date of filing of the by-laws of the district takes the land subject to the provisions of the by-laws, and the charges assessed in pursuance thereof.

article: 3. Public Lands

path: 15. RECLAMATION DISTRICTS > 2. General Provisions > 3. Public Lands


text: A purchaser of public lands within a district has all the rights and privileges enjoyed by the original signers of the by-laws of the district upon payment of all charges assessed against the land for the cost and expense of reclamation, with interest from the date such charges became due.

history: (History: Amended by Stats. 1951, Ch. 1745.)

article: 3. Public Lands


text: When the board, or landowners in districts having no board, certify under oath to the board of supervisors and show to its satisfaction that the reclamation works are completed, or that two dollars ($2) per acre has been expended for reclamation works on swamp or overflowed lands purchased pursuant to an application filed with the State Lands Commission prior to September 19, 1939, the board of supervisors shall certify such facts to the State Lands Commission.

article: 3. Public Lands


text: The State Lands Commission, upon receipt of the certification from the board of supervisors, shall forward to the treasurer of each county in which any part of the district is situated a statement showing the amount paid by each purchaser, including interest.

article: 3. Public Lands


text: The county treasurer, upon receipt of the statement from the State Lands Commission showing the amounts paid by each purchaser of swamp and overflowed lands in the district, shall, after deducting all amounts chargeable against the lands in the district by reason of moneys drawn from the “swamp-land fund” of the county, pay the balance thereof pro rata to the original purchasers of land in the district, or their heirs, executors, administrators, successors or assigns.

article: 3. Public Lands


text: No distribution of the “swamp-land fund” shall be made pursuant to Section 50126 while the district has an outstanding indebtedness represented by Controller’s warrants drawn on the State Treasury.

article: 3. Public Lands


text: When the purchasers of swamp and overflowed lands have paid for such lands in full, the board may allow a credit of one dollar ($1) per acre on any unpaid or future assessment levied for reclamation purposes on all other lands in the district.

article: 3. Public Lands


text: No credit shall be given, or agreed to be given, until the landowner has paid all assessments levied on the lands, with interest thereon at the rate of 7 percent per year from date of delinguency, and all judgments therefor in full, less the amount of such credit.

article: 3. Public Lands


text: No credit shall be given, or agreed to be given to any landowner who has previously received such credit.

article: 3. Public Lands


text: Any person who cuts, injures, or destroys reclamation works in any district, is responsible for all damages occasioned thereby to such works.

article: 4. Damage to Reclamation Works

path: 15. RECLAMATION DISTRICTS > 2. General Provisions > 4. Damage to Reclamation Works


text: An action for damages caused by cutting, injuring, or destroying reclamation works may be commenced in the superior court of any county in which the works are situated, in the names of the trustees of the district. If there is no board, the action may be brought in the name of any landowner in the district.

article: 4. Damage to Reclamation Works


text: Damages recovered in the action shall be paid to the treasurer of the county in which the action is brought, who shall credit the amount to the district.

article: 4. Damage to Reclamation Works


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: 4.5. Claims

path: 15. RECLAMATION DISTRICTS > 2. General Provisions > 4.5. Claims


text: An action against any person by reason of his official connection with a district, or against the board, or the district, shall be instituted and tried in the proper court in the principal county. No court in any other county shall have jurisdiction over such action.

article: 5. Actions Against Districts

path: 15. RECLAMATION DISTRICTS > 2. General Provisions > 5. Actions Against Districts


text: Any landowner may maintain an action on behalf of his district in the superior court of the county in which any part of the district is situated against a member of the board and his sureties upon his bond for any improper disbursement from the revolving fund.

article: 5. Actions Against Districts


text: Any landowner may maintain an action on behalf of his district in the superior court of a county in which any part of the district is situated against a member of the board for an improper disbursement of any district funds made with the member’s consent.

article: 5. Actions Against Districts


text: For all purposes relating to signing petitions and bylaws and voting, the last equalized tax roll for each county wherein any district land is situated is sufficient evidence of ownership and of value of lands in the district.

article: 6. Evidence of Value and Ownership

path: 15. RECLAMATION DISTRICTS > 2. General Provisions > 6. Evidence of Value and Ownership


text: Guardians, conservators, executors, administrators and other persons holding land in a trust capacity under appointment of court may sign petitions or bylaws or vote without obtaining special authority therefor. Corporation landowners may sign petitions or bylaws or vote by action of their legal representatives.

history: (History: Amended by Stats. 1979, Ch. 730.)

article: 7. Landowners’ Representatives

path: 15. RECLAMATION DISTRICTS > 2. General Provisions > 7. Landowners’ Representatives


text:
A petition for the formation of a district, verified by the affidavit of one of the petitioners, may be presented to the board of supervisors at a regular meeting thereof by:

(a) The owners of one-half or more of any body of swamp and overflowed, salt-marsh, or tidelands, or other lands subject to flood or overflow, susceptible of one mode of reclamation who desire to reclaim the land.

(b) The owners of one-half or more of any body of swamp and overflowed, salt-marsh, or tidelands susceptible of one mode of reclamation, and already reclaimed, or in progress of reclamation, and not included in any district, who desire to form a district for the maintenance, protection, or repair of the reclamation works, in, upon, or appertaining to such body of lands, or for the completion of the reclamation thereof.

chapter: 1. Petition

article: 1. Form and Publication

path: 15. RECLAMATION DISTRICTS > 1. Petition > 1. Form and Publication


text:
The petition shall state that petitioners desire to reclaim the land, or that the land has been reclaimed, or that the reclamation is in progress, and shall contain:

(a) A description of the exterior boundaries of the proposed district.

(b) A statement as to the total number of acres situated within the exterior boundaries.

(c) The name of each owner of record of real property situated within the exterior boundaries.

(d) The name of each county within which the proposed district lies, and if in more than one county, the number of acres of the district in each county.

article: 1. Form and Publication


text: The petition shall be published once a week for two weeks preceding the hearing thereof in a newspaper of general circulation published in the principal county with a notice of the time when the petition will be presented to the board of supervisors.

article: 1. Form and Publication


text: An affidavit of publication shall be filed with the petition.

article: 1. Form and Publication


text: If the board of supervisors finds, on the hearing of the petition, that the statements therein are correct, it shall make an order approving the petition.

article: 2. Approval

path: 15. RECLAMATION DISTRICTS > 1. Petition > 2. Approval


text: If it is shown that any land is improperly included in the proposed district, the board of supervisors shall, in its order, exclude the same therefrom.

article: 2. Approval


text: If the board of supervisors concludes that lands susceptible of the same mode of reclamation are improperly omitted from the proposed district, and the owners thereof have not appeared at the hearing, it shall continue the hearing on the petition, and direct that notice be given to the nonappearing landowners to appear before the board of supervisors, and show cause, why their lands should not be included in the proposed district.

article: 2. Approval


text: The notice to nonappearing landowners shall be given either by publication in the same manner and for the same period as the orginal petition, or by personal service on each such landowner.

article: 2. Approval


text: If the notice is given by personal service, the service shall be made at least three days prior to the date fixed for the further hearing.

article: 2. Approval


text: Proof of publication or personal service of the notice shall be filed with the clerk of the board of supervisors on or before the day to which the hearing is continued.

article: 2. Approval


text: The board of supervisors may further continue the hearing from time to time, by order entered upon its minutes, to the end that a full hearing may be had.

article: 2. Approval


text: Upon the final hearing on the petition the board of supervisors shall make an order approving the petition, as originally presented, or in a modified form.

article: 2. Approval


text: The order, signed by the chairman of the board of supervisors, and attested by the clerk thereof, shall describe the exterior boundaries of the district, as determined by the board of supervisors, and shall be indorsed upon or attached to the petition.

article: 2. Approval


text: The petition, with the order of the board of supervisors endorsed thereon or attached thereto, shall be recorded by the county recorder.

history: (History: Amended by Stats. 1959, Ch. 51.)

article: 3. Filing and Recording

path: 15. RECLAMATION DISTRICTS > 1. Petition > 3. Filing and Recording


text: When a district is situated partly in different counties, the board, after the petition has been granted, shall forward a copy of the petition and the order approving the same to the clerk of the board of supervisors of each of the counties in which any portion of the district is situated.

article: 3. Filing and Recording


text: A copy of the petition and order of the board of supervisors approving the same, certified by the county clerk, shall be forwarded to the State Lands Commission which shall thereupon forward to the county treasurer a statement showing the names of purchasers of public land in the district who have paid in full therefor.

article: 3. Filing and Recording


text: The State Lands Commission, upon the receipt of a copy of a petition, or certificate of the county clerk that a district has been formed, shall number the district and send a notice containing the number so assigned to the county recorder of the county from which the copy or certificate came.

article: 3. Filing and Recording


text: The county recorder, upon receipt of the notice from the State Lands Commission, shall record the same, and the district shall thereafter be known and designated by the number shown in said notice.

article: 3. Filing and Recording


text: Districts organized before May 28, 1868, may retain their respective numbers.

article: 3. Filing and Recording


text: The owners of a majority of the acreage in the district may adopt bylaws, not inconsistent with the laws of the state, for the government and control of the affairs of the district.

history: (History: Amended by Stats. 1977, Ch. 625.)

chapter: 2. Organization

path: 15. RECLAMATION DISTRICTS > 2. Organization


text: As an alternative to the adoption of bylaws by the owners, the board may adopt bylaws, not inconsistent with the laws of the state, for the government and control of the district, after notice of a public hearing and the holding of a public hearing on the bylaws proposed to be so adopted. Adoption shall be by a resolution adopted after the close of the public hearing on the bylaws.

history: (History: Added by Stats. 1977, Ch. 625.)


text: The notice of public hearing shall be posted in at least three conspicuous places within the district for at least 15 days prior to the date of the public hearing, and shall state the date, time, and place of the public hearing. The notice shall contain a statement that copies of the proposed bylaws will be available to the public at a location and at times which shall be set forth in the notice.


text: At the public hearing held on the bylaws proposed to be so adopted, the board shall receive any comments or proposals concerning the proposed bylaws, and may adopt or reject such comments or proposals, or may continue the hearing from time to time, not to exceed 30 days from the date specified in the notice of hearing. The board may further continue the hearing, from time to time, but each continuance shall be for not more than 30 days.


text: When the bylaws have been adopted they shall be filed for record with the county recorder.


text: By-laws may be amended in the same manner as adopted.


text: A board of trustees shall be elected as provided in Chapter 1 (commencing with Section 50600) of Part 3 of this division unless the district is formed to operate without trustees pursuant to Chapter 3 (commencing with Section 50400) of this part.


text: When any land, susceptible of one mode of reclamation, is entirely owned by parties who desire to reclaim the land, and to manage the reclamation without a board or the establishment of by-laws, they may file the petition provided for in Chapter 1 of this part, and state therein that they intend to undertake the reclamation on their own responsibility.

path: 15. RECLAMATION DISTRICTS > 3. Districts Formed to Operate Without a Board


text: When the petition is granted, the district is organized and the owners of the lands have all the rights, immunities, privileges, and duties granted to boards and in all proceedings the names of the owners shall be used instead of the names of trustees.

chapter: 3. Districts Formed to Operate Without a Board


text: The existence of a district formed to operate without a board shall not prevent the owners of the land included therein from forming a district to operate with a board by presenting to the board of supervisors the petition provided for in Chapter 1 of this part.


text: The presentation of a petition for formation of a district to operate with a board is an abandonment of the rights, immunities, and privileges conferred upon the owners or their predecessors in interest in the land by the creation of the original district.


text: An action to determine the legality of the existence of a district 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: Repealed and added by Stats. 1961, Ch. 1532.)

chapter: 4. Validating Proceedings

path: 15. RECLAMATION DISTRICTS > 4. Validating Proceedings


text: The court shall not adjudge any district invalid when it appears that the district has for five years prior to the commencement of the proceeding been prosecuting or maintaining reclamation works in good faith.


text: No proceeding in quo warranto, nor any similar action or proceeding shall be maintained in the name of the people of the State against any district that, continuously for five years next preceding the commencement of the proceeding, has been acting as a district and prosecuting or maintaining its works of reclamation in good faith.


text: After the formation of the district, the board of supervisors, on the application of a landowner, shall call an election in compliance with the provisions of Part 4 (commencing with Section 50700) of this division at which election there shall be elected three eligible persons, who shall constitute, when elected and qualified the first board of trustees of the district.

chapter: 1. Selection, Tenure and Compensation

path: 15. RECLAMATION DISTRICTS > 1. Selection, Tenure and Compensation


text: The by-laws of a district may provide, or be amended to provide, for a board of five or seven members, and, if the original by-laws so provide, five or seven eligible persons respectively shall be elected as trustees at each election, or, if the by-laws are amended, then five or seven eligible persons shall be elected at the next district election held subsequent to the date of amendment, and at each election held thereafter.

history: (History: Amended by Stats. 1953, Ch. 879.)


text: Members of the board shall be elected for a term of four years and shall serve until their successors are elected and qualified. The terms of the members shall be staggered.

history: (History: Amended by Stats. 1967, Ch. 218.)


text: Members of the board of a district whose terms have not been staggered as of the date when this section becomes effective shall meet and classify themselves by lot into two classes as nearly equal in number as possible in order to determine when their respective terms shall expire. Unless otherwise provided in the bylaws, the term of office of the class having the lesser number of members shall be deemed to expire on the date for the general district election in 1969. The terms of the other members shall be deemed to expire on the date for the general district election in 1971.

history: (History: Added by Stats. 1967, Ch. 218.)


text: After the first election of the board, the district is organized and has power to sue and be sued.


text: Vacancies in the board shall be filled pursuant to Section 1780 of the Government Code.

history: (History: Amended by Stats. 1975, Ch. 1059.)


text:
(a) Each member of the board shall receive such compensation for services actually and necessarily performed as the board determines to be just and reasonable, and shall be reimbursed for expenses necessarily incurred in the performance of his duties as trustee.

(b) For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code.

history: (History: Amended by Stats. 2005, Ch. 700, Sec. 34. Effective January 1, 2006.)


text: All claims by or in behalf of a trustee for services rendered or expenses incurred shall be presented to the board, and, if allowed, shall be paid in the same manner as other indebtedness of the district.

history: (History: Added by Stats. 1951, Ch. 336.)


text: Except as otherwise provided in the by-laws, any meeting of the board at which all members are present, or of which all members have received written notice at least one day prior thereto, is a regular meeting at which any business may be transacted.

history: (History: Amended by Stats. 1951, Ch. 681.)


text: Members of the board of trustees appointed pursuant to Section 58762.1 of the Government Code shall be immune from liability to creditors of the district for debts incurred prior to their appointment.


text: The board shall elect one of its members as its president, and one of its members, or any other person, as its secretary.

chapter: 2. Officers

path: 15. RECLAMATION DISTRICTS > 2. Officers


text: The secretary shall have charge of the office of the board, keep the minutes of all meetings, attest all documents, other than bonds, requiring the signature of the president, and keep accounts of all expenditures made in behalf of the district.


text: The board is the governing body of the district.

chapter: 3. Powers and Duties

path: 15. RECLAMATION DISTRICTS > 3. Powers and Duties


text: The powers of the district enumerated in this division shall, except as therein otherwise provided, be exercised by the board.


text: The board shall exercise general supervision and complete control over the construction, maintenance and operation of the reclamation works, and generally over the affairs of the district.


text: The board shall receive from the reclamation board any money allowed on account of uncollected assessments previously levied on lands purchased by the board for rights of way, and shall distribute the money among the landowners of the district in proportion to their payments on the last assessment roll or place the money in the county treasury to the credit of the district.


text: The board, pursuant to an order entered in its minutes, may distribute, among the landowners of the district, any surplus funds in the treasury belonging to the district not needed for reclamation purposes, in the proportion that the landowners were assessed on the last assessment made by the district and which assessment produced such surplus money by collections thereon or by rental or sale of delinquent land thereunder.


text: The board may adopt and alter a seal.

history: (History: Amended by Stats. 2010, Ch. 699, Sec. 39. (SB 894) Effective January 1, 2011.)


text: All documents requiring approval by the board shall bear the signature of either a trustee or the secretary.

history: (History: Amended by Stats. 2010, Ch. 699, Sec. 40. (SB 894) Effective January 1, 2011.)


text: The board may create a revolving fund by an order entered in its minutes and shall file a copy of the order, certified by the president, with the county treasurer.


text: No warrant for the creation or replenishment of a revolving fund shall be paid by the county treasurer unless the order creating the revolving fund includes the assumption by the district of the responsibility for the disbursement of the fund and contains an agreement to hold and save the county treasurer harmless from any improper disbursement of the fund.

history: (History: Amended by Stats. 1994, Ch. 939, Sec. 26. Effective September 28, 1994. Operative January 1, 1995, by Sec. 29 of Ch. 939.)


text: A revolving fund shall be disbursed only by checks or drafts, signed by at least two members of the board, or by some person who is authorized to do so by unanimous vote of the board. No person shall be so authorized until the person has filed with the board a bond in the amount required by the board and in no event less than double the amount of the fund. The bond shall be conditioned as security for the safety and proper disbursements of the fund.

history: (History: Amended by Stats. 1982, Ch. 517, Sec. 407.)


text: The county treasurer shall be deemed the ex officio treasurer of the district unless the board, by resolution, and with the written consent of the county treasurer, appoints a district treasurer. If the resolution is adopted and a district treasurer is appointed, all references to a county treasurer or county treasury within this division shall be deemed to apply to the treasurer appointed by the board and the treasury of the district, and no further consent of the county treasurer will be required. The person so appointed shall file a bond with the board in the manner prescribed in Section 50659.

history: (History: Added by Stats. 1997, Ch. 246, Sec. 2. Effective January 1, 1998.)


text: An election board consists of three landowners of the district or legal representatives who shall be appointed by the board of supervisors and shall consist of one inspector and two judges of election.

history: (History: Amended by Stats. 1963, Ch. 1763.)

chapter: 1. General Provisions

path: 15. RECLAMATION DISTRICTS > 1. General Provisions


text: The board, prior to each election, shall cause a copy of the appropriate roll to be utilized pursuant to Section 50704 to be prepared and certified by the proper officer and furnished to the election board.

history: (History: Amended by Stats. 1983, Ch. 1109, Sec. 1.5. Effective September 28, 1983.)


text: The certified roll furnished to the election board shall be used by the election board in determining the number of votes each voter may cast.

history: (History: Amended by Stats. 1983, Ch. 1109, Sec. 1.2. Effective September 28, 1983.)


text: If a member of the election board fails to attend at the opening of the polls, the voters present may appoint in his place any landowner or legal representative.


text:
Each voter in the district may vote at any election in person or by proxy, and may cast his or her votes as follows:

(a) If the district has, within the calendar year preceding that in which the election occurs, levied an operation and maintenance assessment pursuant to Article 3 (commencing with Section 51320) of Chapter 2 of Part 7 of this division, then each voter shall be entitled to cast one vote for each dollar’s worth of assessment valuation as shown on that assessment roll for all parcels owned by the voter or his principal.

(b) If the district has not levied an operation and maintenance assessment pursuant to Article 3 (commencing with Section 51320) of Chapter 2 of Part 7 of this division during the calendar year preceding that in which the election occurs, but has during that year ordered payment of an installment on an original or additional assessment pursuant to Article 2 (commencing with Section 51510) of Chapter 3 of Part 7 of this division, or levied fees and charges pursuant to Section 50902, then each voter shall be entitled to cast one vote for each dollar’s worth of installment or fee and charge levied in the preceding year upon all parcels owned by the voter or his principal.

(c) If neither an operation and maintenance assessment nor an installment upon an original or additional assessment nor fee or charge was levied or ordered paid by the district during the calendar year preceding that in which the election occurs, then each voter shall be entitled to cast one vote for each acre owned by the voter or his principal within the district, provided that if the voter or his principal owns less than one acre then the voter shall be entitled to one vote and any fraction shall be rounded to the nearest full acre.

(d) When a district elects to have the board of supervisors levy a special tax on behalf of the district on all taxable land and improvements pursuant to Article 4 (commencing with Section 51360) of Chapter 2 of Part 7 of this division, then each voter may vote at any district election in person or by proxy, and may cast one vote for each dollar’s worth of taxable land and improvements owned by him or his principal in the district, as determined from the last equalized tax roll of each county in which the lands of the district are situated.

(e) The ownership and number of acres owned for the purpose of this section shall be determined from the last equalized tax roll of each county in which the lands of the district are situated.

history: (History: Amended by Stats. 1983, Ch. 1109, Sec. 1.4. Effective September 28, 1983.)


text: When a parcel is held as community property or in joint tenancy or as tenants in common, any spouse or joint tenant or tenant in common shall be presumed to have authority to cast all votes for the parcel upon filing with the election board a certification under penalty of perjury identifying the spouse, joint tenants, or tenants in common for whom the votes are to be cast. A legal representative, upon filing with the election board a certification under penalty of perjury identifying the principal and the authority of the legal representative, shall be presumed to have authority to cast all votes for the principal identified in the certification.

history: (History: Added by Stats. 1983, Ch. 1109, Sec. 2. Effective September 28, 1983.)


text: The polls shall be kept open from 10 a.m. of the day of election until 4 p.m. Where the real property in the district is assessed to 500 or more different individual, joint, or corporate owners, the board may elect to keep the polls open from 7 a.m. of the day of election until 7 p.m. and in that event shall include the time of polling in the notice as provided in Section 50732. However, when the board holds an election which does not involve added costs to any other local governmental entity, the board may elect to keep the polls open from 7 a.m. of the day of election until 8 p.m. and in that event shall include the time of polling in the notice as provided in Section 50732.

history: (History: Amended by Stats. 1987, Ch. 1327, Sec. 16.)


text:
(a) Notwithstanding any other provision of law and regardless of the number of eligible voters within its boundaries, a district may, by resolution of its governing board, conduct any election by all-mailed ballots pursuant to Division 4 (commencing with Section 4000) of the Elections Code.

(b) An election conducted pursuant to this section shall be held on a date prescribed in Section 1500 of the Elections Code or on any other date other than an established election date.

history: (History: Amended by Stats. 2012, Ch. 132, Sec. 3. (SB 1188) Effective January 1, 2013.)


text: There shall be an election in each district on the first Tuesday after the first Monday in November in each odd-numbered year at such place in or near the district as designated by the board. The costs of the election shall be a charge upon the district.

history: (History: Amended by Stats. 1967, Ch. 218.)

chapter: 2. General Elections

article: 1. Calling

path: 15. RECLAMATION DISTRICTS > 2. General Elections > 1. Calling


text: In addition to the regular election under Section 50730, upon receipt of a recommendation of the board of trustees or upon receipt of a verified petition of 20 percent of the landowners who, together, own at least 20 percent in value of the lands in the district, as determined from the last tax roll of the county, the board of supervisors shall appoint a time, not less than 75 days or more than 90 days after receipt of the petition, and place for holding a general district election for the unexpired term of the trustees then serving.

history: (History: Added by Stats. 1986, Ch. 824, Sec. 4. Effective September 15, 1986.)

article: 1. Calling


text:
(a) Nominations for the office of trustee shall be made by petition filed with the secretary not earlier than 75 days or later than 5 p.m. on the 54th day before the election.

(b) The petition shall be signed as follows:

(1) If there are 15 or more qualified voters in the district, by five or more qualified voters.

(2) If there are less than 15 qualified voters in the district, by one or more qualified voters.

(c) Notice that the petitions may be received shall be published once by the secretary at least seven days prior to the final date for receiving petitions. If the election includes the balance of an unexpired term, the notice shall state that the petition must indicate whether the nomination is for that unexpired term. The notice shall be published in a newspaper in each county in which any of the district lands are situated, if any newspaper is published therein, and if not, in a newspaper having general circulation therein.

history: (History: Amended by Stats. 2002, Ch. 454, Sec. 39. Effective January 1, 2003.)

article: 1. Calling


text:
The nomination petition shall be in substantially the following form: Official Filing Petition

Nomination of CandidateWe, the undersigned voters of Reclamation District No. ____, hereby nominate ___________ (name of candidate) for the office of Trustee of the District for a term of ____ years.NameDateResidenceAffidavit of CirculatorState of California⎫County of ⎭ss.__________ (name of circulator), being duly sworn, deposes and says: That __________ (he/she) circulated the foregoing petition and saw all the signatures appended thereto and knows that they are the signatures of the persons whose names they purport to be.(Signature of circulator)Subscribed and sworn to before methis ___ day of ________, 20__.Notary Public in and for the Countyof ____, State of California.My commission expires ____. Affidavit of NomineeState of California⎫County of ⎭ss._________ (name of nominee), being duly sworn, says that he/she is the above-named nominee for the office of _____ (office), that he/she will accept the office in the event of his/her election, that he/she desires his/her name to appear on the ballot as follows:(Print name above)that he/she desires the following occupational designation, containing not more than three words, to appear on the ballot under his/her name, and that this designation is correct.(Print desired designation, if any, above)(Signature of nominee)Subscribed and sworn to before methis ___ day of ________, 20__.Notary Public in and for the Countyof ____, State of California.My commission expires ____.

history: (History: Amended by Stats. 2002, Ch. 454, Sec. 40. Effective January 1, 2003.)

article: 1. Calling


text: Notice of the election shall be published by the secretary once a week for four weeks beginning not less than one month prior to the date of election in the same newspaper or newspapers used for publication of the notice calling for nomination petitions.

article: 1. Calling


text: If by 5 p.m. on the 54th day prior to a general district election the number of nominees does not exceed the number of trustees to be elected and if a petition signed by 5 percent of the voters requesting that the election be held has not been presented to the board, an election shall not be held.

article: 1.5. Appointments in Lieu of Election

path: 15. RECLAMATION DISTRICTS > 2. General Elections > 1.5. Appointments in Lieu of Election


text: When no election is held pursuant to Section 50740 then the board of supervisors shall appoint those nominated for the positions of trustee, and if no person has been nominated for said position, the board of supervisors shall appoint any qualified person or persons. In lieu of the notice provided in Section 50732, notice shall than be published only once stating that the board of supervisors will appoint the trustees and that no election will be held.

article: 1.5. Appointments in Lieu of Election


text: If pursuant to Section 50740 a district election is not held, the board of supervisors of the county in which the district, or the largest part thereof in area, is situated shall at its next regular meeting appoint to the positions of trustees those persons nominated, or if no persons have been nominated for said positions, the board of supervisors shall appoint any qualified person or persons, and such person or persons shall qualify, take office, and serve exactly as if elected at a general district election.

history: (History: Added by Stats. 1963, Ch. 56.)

article: 1.5. Appointments in Lieu of Election


text: Each member of the election board, upon entering upon his duties, shall be sworn to a faithful performance thereof by some officer authorized to administer oaths.

history: (History: Added by Stats. 1951, Ch. 336.)

article: 2. Conducting

path: 15. RECLAMATION DISTRICTS > 2. General Elections > 2. Conducting


text: If the board of supervisors fails to appoint an election board, the voters present at the opening of the polls may appoint the election board.

article: 2. Conducting


text: The election board shall canvass the votes cast and issue certificates of election to the persons elected, and shall place the ballots, when canvassed, in a sealed envelope and forward it to the county elections official.

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 173. Effective January 1, 2003.)

article: 2. Conducting


text: Each voter may cumulate his votes, and give one candidate a number of votes equal to the number of trustees to be elected multiplied by the number of votes he is entitled to cast, or to distribute them on the same principle among any number of candidates.

history: (History: Amended by Stats. 1966, 1st Ex. Sess., Ch. 135.)

article: 2. Conducting


text: The board of directors of irrigation districts holding title to lands obtained through collectors’ deeds may cast the votes belonging to such lands.

article: 2. Conducting


text: Any qualified voter may challenge any vote, and the election board shall determine whether the person challenged is entitled to vote. Any member of the election board may administer oaths for the purposes of this section.

article: 2. Conducting


text: The candidates, of the number to be elected, receiving the highest number of votes shall be deemed elected.

history: (History: Repealed and added by Stats. 1967, Ch. 218.)

article: 2. Conducting


text: Any person who knowingly makes an untrue statement in establishing his right to vote in a district election shall incur all of the penalties provided in the Elections Code for persons illegally voting at elections.

history: (History: Added by Stats. 1953, Ch. 879.)

article: 2. Conducting


text: If the ownership of any property in the district is changed after the making of the last equalized tax roll for the county wherein the property is situated, the owner thereof or his legal representative may vote at a district election upon the production of evidence of ownership of such property.

history: (History: Amended by Stats. 1963, Ch. 1763.)

article: 2. Conducting


text: No person shall vote by proxy at a district election unless authority to vote is evidenced by an instrument in writing acknowledged and certified in the same manner as grants of real property and filed with the election board.

article: 2. Conducting


text: Notwithstanding any other provision of law, this chapter applies to the manner in which elections are conducted in the Reclamation District No. 1000.

history: (History: Added by Stats. 1992, Ch. 842, Sec. 1. Effective January 1, 1993.)

chapter: 2.5. Reclamation District No. 1000

path: 15. RECLAMATION DISTRICTS > 2.5. Reclamation District No. 1000


text: “District,” for purposes of this chapter, means the Reclamation District No. 1000.


text:
(a) A “land assessment seat,” for purposes of this chapter, means a seat held by a trustee elected by voters as defined in subdivision (a) of Section 50780.10 in accordance with Sections 50701, 50702, 50704, and 50704.5.

(b) For the purpose of voting for a trustee to hold a land assessment seat, each voter may cast his or her votes for each land assessment seat in accordance with this part.


text:
(a) A “parcel seat,” for purposes of this chapter, means a seat held by a trustee elected by voters as defined in subdivision (a) of Section 50780.10 which have one vote for each parcel owned.

(b) For the purpose of voting for a trustee to hold a parcel seat, each landowner may cast his or her vote or votes for each parcel seat.

(c) The last equalized assessment book of the district is conclusive evidence of ownership for the purpose of voting for a parcel seat, except that the last equalized assessment roll of the county in which the land is located shall be used in lieu of the assessment book of the district if an assessment is not levied for the year in which the election is held.

(d) Section 50704.5 applies for the purpose of voting for any parcel seat.


text:
(a) A “resident voter seat,” for purposes of this chapter, means a seat held by a trustee elected by voters as defined in subdivision (b) of Section 50780.10.

(b) For purposes of voting for a trustee to hold a resident voter seat, each voter may cast one vote for each resident voter seat.


text:
A “voter” means any of the following:

(a) A landowner or the legal representative of a landowner.

(b) A voter as defined in Section 359 of the Elections Code who resides within the boundaries of the district.

(c) A voter as defined in subdivision (a) may vote for both parcel seats and land assessment seats.

(d) A voter as defined in subdivision (a) who is also a voter as defined in subdivision (b) may vote for both resident voter seats and land assessment seats.

history: (History: Amended by Stats. 2007, Ch. 130, Sec. 241. Effective January 1, 2008.)


text: Commencing with the 1993 district election, the district shall have a seven-member board, whose trustees are residents of the district. The residency requirement does not apply to any trustee holding office on July 1, 1992.


text: At the 1993 district election, the board shall designate the seats of the two trustees whose terms expire and the two new seats as “land assessment seats.”


text: At the 1995 district election, the board shall designate the seats of the three trustees whose terms expire as “parcel seats.”


text:
(a) The manner in which the trustees shall be elected at the 1997 district election, and at every district election thereafter, depends on the percentage of land in the district that is used for agricultural purposes that is subject to an assessment pursuant to Article 3 (commencing with Section 51320) of Chapter 2 of Part 7 in accordance with subdivisions (b), (c), and (d).

(b) Between 180 and 200 days before the election, the board shall determine whether the percentage of land described in subdivision (a) has equaled or exceeded 35 percent during the immediately preceding two years. If so, the board shall designate four seats as “land assessment seats” and three seats as “parcel seats.”

(c) Between 180 and 200 days before the election, the board shall determine whether the percentage of land described in subdivision (a) has been below 35 percent and has equaled or exceeded 20 percent during the immediately preceding two years. If so, the board shall designate four seats as “parcel seats” and three seats as “land assessment seats.”

(d) Between 180 and 200 days before the election, the board shall determine whether the percentage of land described in subdivision (a) has been below 20 percent during the immediately preceding two years. If so, the board shall designate five seats as “resident voter seats” and two seats as “land assessment seats.”


text: At the time of a designation pursuant to Section 50780.18, the board shall adjust, by lot, the length of the terms of any trustees whose terms are not otherwise scheduled to expire if the adjustment is necessary to comply with the designation.


text: Except as otherwise provided by this chapter, this part applies to a district election.


text: A special election is an election called pursuant to the provisions of this part to submit to the landowners the question of whether or not bonds or refunding bonds shall be issued.

chapter: 3. Special Elections

article: 1. Calling

path: 15. RECLAMATION DISTRICTS > 3. Special Elections > 1. Calling


text:
The board shall call a special election when either:

(a) The board determines that the issuance of bonds or refunding bonds is to the best interests of the district, or

(b) A petition requesting such election, signed by the owners of more than one-half of the land in the district, is filed with the secretary.

article: 1. Calling


text: Notice of a special election shall be given by the board by posting notices thereof in at least three public places in the district at least 21 days prior thereto, and by publication for 21 days in a newspaper of general circulation published in each county where any portion of the district is situated.

article: 1. Calling


text: When a special election is called to determine whether bonds of the district shall be issued, the notice shall specify the time and place of holding the election, the aggregate face value of bonds proposed to be issued and the names of three landowners or legal representatives to act as an election board.

article: 1. Calling


text:
When the special election is called to determine whether refunding bonds shall be issued, the notices shall be substantially in the following form:

“Notice of special election to determine whether or not refunding bonds shall be issued.

Notice is hereby given that at a meeting of the board of trustees of reclamation district No. ____ held on the ____ day of ____, 19__, a resolution and order was duly adopted by the said board calling a special election of the landowners of this district, for ____ the ____ day of ____, 19__, at ____ in the county of ____ in said district, to determine whether or not ____ dollars ($____) of the principal amount of the outstanding bonds of this district, dated the ____ day of ____, 19__, and maturing as follows, to wit: ____ shall be refunded by the issuance of refunding bonds of said district of the aggregate principal amount of ____ dollars ($____) and maturing as follows, to wit: ____.

And notice is hereby further given that ____ and ____ and ____ three landowners of said district, are hereby appointed to act as the board of election for said election.

The polls at said election will be open from 10 a.m. of said day until 4 p.m.Witness the name and the seal of the said district this ____ day of ____, 19__. (SEAL)Reclamation District No. ____By President.By Secretary.”

article: 1. Calling


text: An affidavit of the publication and posting of the notice shall be filed with the county elections official, with a copy of the order calling the election which is certified by the president.

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 174. Effective January 1, 2003.)

article: 1. Calling


text: Each member of the election board, before entering upon his duties, shall take and subscribe an official oath administered by an officer authorized to administer oaths or by any landowner.

article: 2. Conducting

path: 15. RECLAMATION DISTRICTS > 3. Special Elections > 2. Conducting


text: Any person not legally qualified to vote who makes any false statement in respect to his right to vote in a special election to determine whether bonds or refunding bonds shall be issued shall incur all of the penalties provided in the Elections Code for persons illegally voting at elections.

article: 2. Conducting


text: If the ownership of any property in the district is changed after the making of the last equalized tax roll for the county wherein the property is situated, the owner thereof or his legal representative may vote at a special election to determine if bonds or refunding bonds shall be issued upon production of the original deed or of certified copy of the record thereof in the office of the county recorder of the county in which the property is situated.

article: 2. Conducting


text: No person shall vote by proxy at a special election unless the authority to vote is evidenced by an instrument in writing, acknowledged and certified in the same manner as grants of real property and filed with the election board.

article: 2. Conducting


text: The ballots cast at the special election shall contain the words: “Bonds—yes” or the words “Bonds—no,” or “Refunding Bonds—yes,” or “Refunding Bonds—no,” as the case may be, the name of the person casting the ballot, and the number of votes cast by him.

article: 2. Conducting


text: A list of the ballots cast shall be made by the election board containing the name of each voter, the number of votes cast by him, whether they were cast for or against the issuing of the bonds or refunding bonds, and, if the ballot is cast by proxy, the name of the person casting it.

article: 2. Conducting


text:
At the close of the polls the election board shall:

(a) Immediately canvass the votes and declare the result.

(b) Forward a certificate showing the result and the number of votes cast for and against the issuing of bonds or refunding bonds to the county elections official.

(c) Deliver a copy of the certificate to the board.

(d) Deliver all ballots cast and all documents and papers used at the election to the county elections official.

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 175. Effective January 1, 2003.)

article: 2. Conducting


text: Any interested person may contest a special election within 20 days after the filing of the certificate with the county elections official by bringing suit in the superior court of the principal county. Unless contested, the declaration of the result by the election board is final and conclusive.

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 176. Effective January 1, 2003.)

article: 2. Conducting


text: A district may do all things necessary or convenient for accomplishing the purposes for which it was formed.

chapter: 1. General Powers

path: 15. RECLAMATION DISTRICTS > 1. General Powers


text: If a district is in debt it has no power to impair or destroy any of its indebtedness without the consent of the creditors, but it may make any arrangement with the creditors for the surrender of such indebtedness at less than par, and may levy an assessment on the lands in the district for the payment thereof.

history: (History: Amended by Stats. 1951, Ch. 681.)


text:
(a) In addition to its other powers, a district may, by a resolution of the board at a noticed public hearing, fix and collect charges and fees, including minimum and standby charges, for the provision of benefits and services.

(b) Notice of the public hearing shall be given by publication once a week for two successive weeks in a newspaper of general circulation published in the principal county.

(c) The board, in fixing the charges and fees, may establish the dates of delinquency and may impose penalties for delinquency not exceeding 10 percent of the amount of the charge or fee and may, in addition, collect interest at a rate not to exceed 1.5 percent per month from the date of delinquency on all delinquent charges and fees. The district may sue for the recovery of unpaid charges and fees or the unpaid charges or fees may be added to the operation and maintenance assessment in the same manner as unpaid water charges pursuant to Section 51440.

(d) The revenue obtained from charges and fees may be in lieu of, or supplemental to, revenue obtained in any other manner and may be used for any district purpose and the payment of any district obligation.

(e) After a charge or fee is initially fixed by the board at a noticed public hearing, the board may subsequently reduce that amount of that charge or fee without notice or a public hearing.

(f) If the procedures set forth in this section as it read at the time a standby charge was established were followed, the board 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 board shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.

history: (History: Amended by Stats. 2007, Ch. 27, Sec. 33. Effective January 1, 2008.)