reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.5 - Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts › ARTICLE 2 - Powers › Section 35534.

35534. In addition to, and as an alternative to, the powers contained in this division, zones may be established within the district for the purpose of fixing rates of assessments varying in accordance with the extent of benefits to each zone derived or to be derived from services to the land in each zone arising from the district’s plan of irrigation works and the plan of allocation of imported water in the district.
(Added by Stats. 1969, Ch. 1085.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.5 - Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts › ARTICLE 2 - Powers › Section 35535.

35535. No zone shall be established or varying rates of assessments fixed under Section 35534 unless the board by resolution declares that it intends to do so and that a public hearing will be held thereon at a specified day and place where all interested persons may appear and be heard. This resolution shall be published in the district pursuant to Section 6066 of the Government Code in a newspaper of general circulation published in Kern County, with the first publication to be at least 14 days prior to the time fixed for hearing, and a copy of said resolution shall be mailed, postage prepaid, to each holder of title to land within the district at his address as shown upon the last equalized assessment roll of Kern County. Any error, omission or mistake in such mailing, or any failure of any person to receive such copy, shall not invalidate the proceedings pursuant to this chapter. The hearing may be adjourned from time to time at the discretion of the board and at its conclusion the board shall by resolution determine the zones of benefit established, if any, the share of benefits received by each zone arising from the district’s operations, expressed as a percent, the criteria for establishing each such zone and the percentage expressed, together with a map in such detail to delineate the geographical area of such zone. The zones and the percentages may be amended from time to time or abolished in the same manner required for original adoption.
(Added by Stats. 1969, Ch. 1085.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.5 - Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts › ARTICLE 2 - Powers › Section 35536.

35536. The annual statement of expenses filed pursuant to Section 36552 or 37206, as the case may be, shall, in addition to the matters required by such section, contain the amount of expenses to be borne by each zone, which amount shall be computed by multiplying the total expenses by the percentage of benefits accruing to each such zone as so declared by the board.
(Added by Stats. 1969, Ch. 1085.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.5 - Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts › ARTICLE 2 - Powers › Section 35537.

35537. The board of supervisors in fixing the rate of assessment authorized by Section 35536 pursuant to Section 36608, or in levying such assessment pursuant to Section 37207, as the case may be, shall fix the rate or levy the assessment upon all lands within each zone sufficient to raise the amount stated in the estimate of the district board to be borne by such zone. Assessments made within such zones of benefit established pursuant to this chapter shall be levied on all lands within such zone of benefit on an ad valorem basis.
(Added by Stats. 1969, Ch. 1085.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.5 - Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts › ARTICLE 2 - Powers › Section 35538.

35538. Proceeds from assessments levied pursuant to this chapter may be used to pay any lawful obligation of the district.
(Added by Stats. 1969, Ch. 1085.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.5 - Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts › ARTICLE 3 - Special Assessments › Section 35539.

35539. In addition to, and as an alternative to, the powers contained in this division, the board may by resolution determine and declare that it is necessary to levy a special assessment of an equal amount upon each acre of developed land, upon each acre of undeveloped land, or both, within the district or within zones established pursuant to Sections 35534 and 35535 in order to cause just and equitable sharing among the district’s landowners of all or any portion of the district obligations for the next year in excess of receipts from water charges, as reflected in the district’s annual estimate of obligations filed pursuant to Section 36552 or 37206, and such resolution shall declare that a public hearing shall be held thereon at a specified time and place at which all interested persons may appear and be heard.
(Amended by Stats. 1979, Ch. 310.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.5 - Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts › ARTICLE 3 - Special Assessments › Section 35539.1.

35539.1. The resolution shall be published pursuant to Section 6066 of the Government Code in a newspaper of general circulation published in each county in which district lands are located. A copy of the resolution shall be mailed, postage prepaid, to each holder of title to land within the district as shown by the last equalized assessment roll of the district, or, if the district has theretofore elected to use the last equalized county assessment roll or rolls for district assessment purposes, a copy of the resolution shall be mailed, postage prepaid, to each holder of title to land of the county or counties in which district lands are located.
The hearing may be adjourned from time to time at the discretion of the board and at its conclusion the board may determine and by a new resolution declare the amount of and levy a special assessment upon each acre of developed land in an equal amount per acre, upon each acre of undeveloped land in an equal amount per acre, or both, within the district, or within zones, sufficient to defray all or any part of the district obligations for the next year in excess of receipts from water charges, as reflected in the district’s annual statement of obligations filed pursuant to Section 36554 or 37206.
(Amended by Stats. 1979, Ch. 310.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.5 - Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts › ARTICLE 3 - Special Assessments › Section 35539.2.

35539.2. No levy of assessment shall be made pursuant to this article unless the resolution pursuant to the hearing is properly made and entered in the records of the district at least 31 days before the time for levying such assessment.
(Added by Stats. 1976, Ch. 35.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.5 - Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts › ARTICLE 3 - Special Assessments › Section 35539.3.

35539.3. If, after the board adopts the resolution of intent to levy and before 30 days after the resolution pursuant to the hearing, the board receives a petition containing the signatures of persons holding title to 5 percent of the land area within the district, the board shall call an election of the qualified voters in the district and submit the resolution to levy the special assessment to the voters for their approval or rejection. When an election is required pursuant to this section, no levy of assessment pursuant to this article shall be made unless and until the election required by this section is held and the assessment is approved by a majority vote of the qualified voters of the district in such election. The election required in this section shall be called and noticed, held and conducted in the manner provided for bond elections of the district.
(Added by Stats. 1976, Ch. 35.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.5 - Provisions Pertaining Only to the Kern Delta, Cawelo, Rag Gulch, and Kern-Tulare Water Districts › ARTICLE 3 - Special Assessments › Section 35539.4.

35539.4. The resolution pursuant to the hearing, or, when required, the proposition submitted to the qualified voters of the district pursuant to Section 35539.3, shall specify the due date for such special assessment and may provide that it is payable in two equal installments, the first of which shall be delinquent if not paid within five calendar months after the due date and the second of which shall be delinquent if not paid within nine calendar months after the due date, and, if no such provision for payment in installments is made, such resolution or, when required, such election proposition, shall provide that the entire special assessment becomes delinquent if not paid within six months after the due date.
The special assessment shall be collected pursuant to the provisions of Chapters 3, 4, 5 and 6 of Part 7 of this division.
(Added by Stats. 1976, Ch. 35.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.75 - Provisions Pertaining Only to Lost Hills Water District › ARTICLE 1 - Plan of Water Allocation › Section 35540.

35540. The provisions of this chapter shall apply only to the Lost Hills Water District as a member unit of the Kern County Water Agency.
(Added by Stats. 1974, Ch. 63.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.75 - Provisions Pertaining Only to Lost Hills Water District › ARTICLE 1 - Plan of Water Allocation › Section 35542.

35542. A plan adopted or approved pursuant to the provisions of this chapter may be changed, supplemented, amended, or rescinded in the manner herein provided for the adoption and approval of an original plan.
(Added by Stats. 1974, Ch. 63.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.75 - Provisions Pertaining Only to Lost Hills Water District › ARTICLE 1 - Plan of Water Allocation › Section 35543.

35543. Before adopting such a plan the board shall make or cause to be made a report setting forth the proposed plan.
(Added by Stats. 1974, Ch. 63.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.75 - Provisions Pertaining Only to Lost Hills Water District › ARTICLE 1 - Plan of Water Allocation › Section 35544.

35544. Before adopting such a plan the board shall pass a resolution of intention stating the following:
(a) The intention of the board to adopt a plan for distribution and use within the district of water available to the district under existing contract or contracts with the Kern County Water Agency under which plan such water will not be made available to a designated area within the district.
(b) A brief description of the plan proposed to be adopted.
(c) A description of the area within the district to which delivery of water would be curtailed under the proposed plan.
(d) That a copy of the plan and of a map showing the area within the district to which delivery of water would be curtailed under the proposed plan, which map shall govern for all details as to the extent of the area to which water deliveries will be curtailed, is on file with the secretary of the district and is available for inspection by any person or persons interested.
(e) The time and place of hearing by the board in regard to the proposed plan.
(f) That at such time and place any person interested, including all persons owning land within the district or in the area within the district to which delivery of water would be curtailed under the proposed plan, may appear and be heard and written protests, if any, will be considered.
(g) A statement of the substance of Sections 35546, 35547, 35548, 35549, and 35550.
(Added by Stats. 1974, Ch. 63.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.75 - Provisions Pertaining Only to Lost Hills Water District › ARTICLE 1 - Plan of Water Allocation › Section 35545.

35545. Notice of the hearing shall be given by publishing a copy of the resolution of intention provided for in Section 35544 in a newspaper of general circulation, published in Kern County, California, pursuant to Section 6066 of the Government Code, the first publication to be at least 14 days prior to the time fixed for hearing. Notice of the hearing shall also be given by posting certified copies of such resolution of intention in three public places within the area within the district to which delivery of water would be curtailed under the proposed plan for at least 14 days prior to the time fixed for hearing. Notice of the hearing shall also be given by mailing, by certified mail, a certified copy of such resolution of intention to each holder of title to lands within the area within the district to which delivery of water would be curtailed under the proposed plan as shown in the last equalized assessment book of the district, except, that, in the event an assessment for the district shall not have been made and levied for the year in which such hearing is to be held, the last equalized assessment roll for the County of Kern shall be used in place of the assessment book of the district. Such mailing shall be completed not less than 14 days prior to the hearing. No notice of such hearing, other than that required by this section, need be given.
(Added by Stats. 1974, Ch. 63.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.75 - Provisions Pertaining Only to Lost Hills Water District › ARTICLE 1 - Plan of Water Allocation › Section 35546.

35546. At any time, not later than the hour set for hearing on such resolution of intention, any holder of title to land to which delivery of water would be curtailed under the proposed plan may make written protest. Such protest shall be in writing, shall contain a description of the property in which each signer has an interest sufficient to identify the same, and, if any signer is not shown on the last equalized assessment book of the district or, if used as the basis for the mailing of notice, the last equalized assessment roll of Kern County, such protest shall contain or be accompanied by written evidence that such signer is the owner of such property or of an interest therein. All such protests shall be delivered to the secretary of the district.
(Added by Stats. 1974, Ch. 63.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.75 - Provisions Pertaining Only to Lost Hills Water District › ARTICLE 1 - Plan of Water Allocation › Section 35547.

35547. At the time set for hearing protests, the board shall hear and pass upon all protests made as provided for in Section 35546, and its decision shall be final and conclusive. The board may adjourn the hearing from time to time, and any written protest may be withdrawn by the holder of title making the same in writing at any time prior to the conclusion of the hearing or any such adjournment thereof.
(Added by Stats. 1974, Ch. 63.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.75 - Provisions Pertaining Only to Lost Hills Water District › ARTICLE 1 - Plan of Water Allocation › Section 35548.

35548. If a written protest is made pursuant to Section 35546 against the proposed plan and the board finds that the protest represents more than one-half of the assessed value of the lands to which delivery of water would be curtailed under the proposed plan, and such protests are not withdrawn so as to reduce the same to less than a majority of such assessed value, the proceedings shall be terminated and no further proceedings may be taken with respect to such plan or any modification thereof for a period of one year from the time of the decision of the board on the hearing.
(Added by Stats. 1974, Ch. 63.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.75 - Provisions Pertaining Only to Lost Hills Water District › ARTICLE 1 - Plan of Water Allocation › Section 35549.

35549. If a written protest is made pursuant to Section 35546 against the proposed plan and the board finds that the protest represents less than one-half but more than 10 percent of the assessed value of the lands to which delivery of water would be curtailed under the proposed plan, and such protests are not withdrawn to reduce the same to less than 10 percent of such assessed value, the board may adopt such plan subject to approval thereof by the holders of title to the lands to which delivery of water would be curtailed under the proposed plan at a special election to be held for such purpose. Such election shall be called, noticed, held, conducted and the results thereof shall be canvassed in substantially the same manner as provided in this division for the calling, noticing, holding, conducting, and canvassing of general obligation bond elections.
(Added by Stats. 1974, Ch. 63.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.75 - Provisions Pertaining Only to Lost Hills Water District › ARTICLE 1 - Plan of Water Allocation › Section 35550.

35550. If no written protest is made pursuant to Section 35546 against the proposed plan or if a written protest is made pursuant to Section 35546 and the board finds that the protest represents less than 10 percent of the assessed value of the lands to which delivery of water would be curtailed under the proposed plan, then, at the conclusion of the hearing, the board may, by resolution, adopt and approve such plan.
(Added by Stats. 1974, Ch. 63.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.75 - Provisions Pertaining Only to Lost Hills Water District › ARTICLE 1 - Plan of Water Allocation › Section 35551.

35551. The last equalized assessment book of the district shall be used as a basis for determining the assessed value of lands to which delivery of water would be curtailed under the proposed plan, excepting, however, if no assessment for the district shall have been made and levied for the year in which the hearing is held, the last equalized assessment roll of the County of Kern shall be used for such purpose in place of the assessment book of the district.
(Added by Stats. 1974, Ch. 63.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.75 - Provisions Pertaining Only to Lost Hills Water District › ARTICLE 1 - Plan of Water Allocation › Section 35552.

35552. If a majority of the votes cast at an election held pursuant to the provisions of Section 35549 is in favor of the proposed plan, the board shall, within 30 days after canvass of the results of such election, by resolution reciting the fact of such election, the total number of votes cast thereat, the number of votes cast in favor of the plan and the number of votes cast opposed to the plan, approve the proposed plan. If a majority of the votes cast at such election is opposed to adoption of the proposed plan, the proceedings shall be terminated upon the canvass of the vote and no further proceedings may be taken with respect to such plan or any modification thereof for a period of one year from the date of the election.
(Added by Stats. 1974, Ch. 63.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.75 - Provisions Pertaining Only to Lost Hills Water District › ARTICLE 1 - Plan of Water Allocation › Section 35553.

35553. In the event the plan is approved, either according to the provisions of Section 35550 or Section 35552, a certified copy of the board’s resolution approving the plan shall be recorded in the office of the County Recorder of the County of Kern following which recording such plan shall be effective for all purposes.
(Added by Stats. 1974, Ch. 63.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.75 - Provisions Pertaining Only to Lost Hills Water District › ARTICLE 2 - Water Service Contracts › Section 35554.

35554. An alternative to, and in addition to, other methods contained in this division regarding the apportionment of water, the district may enter into long-term water service contracts with the holders of title to land for the apportionment of all or any part of its water supply. Long-term water service contracts may provide that all water charges provided for, when due, are a lien on the land in the nature of assessments and may be collected and enforced in the manner provided in this division for the collection and enforcement of assessments. Any such lien shall have the same force, effect, and priority as an assessment lien if the contract is recorded in the office of the county recorder in the county in which the land is situated.
(Added by Stats. 1989, Ch. 33, Sec. 3. Effective May 31, 1989.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.7 - Provisions Pertaining only to Irvine Ranch Water District and Santa Margarita Water District › Section 35539.10.

35539.10. This chapter applies only to the Irvine Ranch Water District and Santa Margarita Water District. The powers granted in this chapter supplement the existing powers of the districts.
(Added by Stats. 2001, Ch. 209, Sec. 1. Effective January 1, 2002.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.7 - Provisions Pertaining only to Irvine Ranch Water District and Santa Margarita Water District › Section 35539.12.

35539.12. The districts may acquire, construct, operate, maintain, and furnish facilities for the diversion of urban runoff from drainage courses within the districts, the treatment of the urban runoff, the return of the water to the drainage courses, or the beneficial use of the water.
(Added by Stats. 2001, Ch. 209, Sec. 1. Effective January 1, 2002.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.7 - Provisions Pertaining only to Irvine Ranch Water District and Santa Margarita Water District › Section 35539.13.

35539.13. (a) The districts may convey water in a drainage course within the boundaries of each respective district for the purposes of treating and reusing that water, if the conveyance, treatment, and reuse meet the requirements of state and federal law.
(b) For purposes of this section, “drainage course” refers to a drainage course with regard to which each respective district has a right of use.
(c) For purposes of this section, “water” refers to water with regard to which each respective district has a right of use.
(Amended by Stats. 2005, Ch. 22, Sec. 212. Effective January 1, 2006.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.7 - Provisions Pertaining only to Irvine Ranch Water District and Santa Margarita Water District › Section 35539.14.

35539.14. In order to carry out the powers and purposes granted under this chapter, the districts may exercise any of the powers otherwise granted to a district by this division to the extent those powers may be made applicable.
(Added by Stats. 2001, Ch. 209, Sec. 1. Effective January 1, 2002.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.7 - Provisions Pertaining only to Irvine Ranch Water District and Santa Margarita Water District › Section 35539.16.

35539.16. Nothing in this chapter affects any obligation of the districts to obtain a permit that may be required by law for the activities undertaken pursuant to this chapter.
(Added by Stats. 2001, Ch. 209, Sec. 1. Effective January 1, 2002.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.8 - Provisions Pertaining Only to the Westside Water District › Section 35560.

35560. The provisions of this chapter shall apply only to the Westside Water District or to any improvement district, distribution district, or zone formed within the Westside Water District pursuant to the provisions of this division.
(Added by Stats. 1978, Ch. 499.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.8 - Provisions Pertaining Only to the Westside Water District › Section 35561.

35561. In addition, and as an alternative, to the matters contained in this division regarding distribution and apportionment of water, the district or any improvement district, distribution district, or zone therein may, by resolution, enter into long term water service contracts with holders of title to land therein, and may require execution of such a contract by a holder of title to land as a condition precedent to the delivery of water from the district to such holder of title or to the use by such holder of title of any facilities of the district or any improvement district, distribution district, or zone. Such contracts may provide that all water charges provided for, when due, are a lien on the landowner’s land in the nature of assessments, and may be collected and enforced in the manner provided in this division for the collection and enforcement of assessments. If such a contract does so provide, such lien shall have the same force, effect, and priority as an assessment lien for all such water charges levied after recordation of such contract in the office of the county recorder in the county in which the land is situated. Unless such water service contract is recorded, it shall have no force or effect whatever against any person other than a party to the contract, unless such person has actual knowledge of the contract and its contents.
(Added by Stats. 1978, Ch. 499.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.8 - Provisions Pertaining Only to the Westside Water District › Section 35562.

35562. In addition, and as an alternative, to the purposes for which the proceeds from water charges may be used, as set forth in Article 4 (commencing with Section 35470) of Chapter 2 of Part 5 of this division, water charges may be levied and collected in order to provide, in whole or in part, for the payment of amounts due to the United States, whether for capital charges or service charges or otherwise, pursuant to contracts made in accordance with Chapter 6 (commencing with Section 35875) of Part 5 of this division, or in order to provide, in whole or in part, for the payment of the costs of a project or the principal of and interest on bonds or warrants of the district, or to obtain funds for any lawful purpose of the district. The district may, by resolution, make such water charges payable in advance. The district may, by resolution, provide that water charges which remain unpaid for a period of not less than 30 days after they have become due shall be delinquent, and a penalty not in excess of 10 percent shall be added thereto, and they shall bear interest at a rate not in excess of 12 percent per year.
(Added by Stats. 1978, Ch. 499.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.85 - Provisions Pertaining Only to the Borrego Water District › Section 35565.

35565. This chapter applies only to the Borrego Water District.
(Repealed and added by Stats. 1985, Ch. 243, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.85 - Provisions Pertaining Only to the Borrego Water District › Section 35565.1.

35565.1. The objectives of the district include all of the following:
(a) To provide for the control of flood and storm waters of the district and the surface or subsurface streams created by storm water runoff from sources outside of the district and to conserve all the waters for beneficial and useful purposes by spreading, storing, retaining, slowing, and causing those waters to percolate, either by natural or artificial means, into the soil strata.
(b) To protect from damage from those flood or storm waters the personal or real property within the district and the lives of the inhabitants thereof.
(c) To protect, preserve, and restore watersheds within or without the district.
(Repealed and added by Stats. 1985, Ch. 243, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.85 - Provisions Pertaining Only to the Borrego Water District › Section 35565.2.

35565.2. The district may acquire by grant, purchase, lease, gift, devise, contract, or condemnation, real or personal property of any kind, including land, structures, buildings, rights-of-way, or easements within or without the district, and may construct, operate, maintain, repair, and alter all projects, improvements, or facilities, within or outside of the district necessary or proper to carry out the objectives authorized by Section 35565.1.
Improvements or facilities include, but are not limited to, dams, levees, channels, conduits, canals, pipelines, reservoirs, spillways, ponds, or replenishment wells.
(Repealed and added by Stats. 1985, Ch. 243, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.85 - Provisions Pertaining Only to the Borrego Water District › Section 35565.3.

35565.3. The district may conduct technical investigations and prepare analyses, studies, and reports pertaining to water supply, water rights, erosion, control of floods, storm patterns, water basin supplies, replenishment methods, water usage and water quality, soil characteristics, and other matters relative and necessary to the objective set forth in Section 35565.1.
In order to carry out technical investigations, the district has the right of access to, and may, to the extent permitted by the California Constitution, enter upon, any lands within or without the district, with or without permission of the owner or owners of the land. The entry by the district or its authorized representative does not constitute, and does not give rise to, any cause of action in favor of the owners of the land, except for injuries resulting from negligence, wantonness, or malice.
(Repealed and added by Stats. 1985, Ch. 243, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.85 - Provisions Pertaining Only to the Borrego Water District › Section 35565.4.

35565.4. (a) For the purpose of providing mosquito abatement and vector control services to the lands and inhabitants of the district, and in addition to the powers contained in this division, the district may exercise any of the powers of a mosquito abatement district or vector control district pursuant to the Mosquito Abatement and Vector Control District Law, Chapter 1 (commencing with Section 2200) of Division 3 of the Health and Safety Code.
(b) For the purpose of providing park and recreation facilities and services, the district may exercise any of the powers of a recreation and park district pursuant to the Recreation and Park District Law, Chapter 4 (commencing with Section 5780) of Division 5 of the Public Resources Code.
(c) For the purpose of providing landscaping and lighting facilities and services, the district may exercise the powers of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code.
(d) For the purposes of providing for the collection or disposal of garbage or refuse matter, the district may exercise the powers of a community services district pursuant to the Community Services District Law, Division 3 (commencing with Section 61000) of Title 6 of the Government Code.
(e) The district shall not exercise any of the powers set forth in subdivisions (a), (b), (c), and (d) in the territory within the Borrego Springs Community Services District until the San Diego Local Agency Formation Commission has approved the exercise of that power.
(f) Any new special taxes, assessments, and fees or charges that the district needs to implement the powers as set forth in subdivisions (b), (c), and (d) may be levied or raised after complying with Articles XIII C and XIII D of the California Constitution.
(Amended by Stats. 2003, Ch. 296, Sec. 45. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.85 - Provisions Pertaining Only to the Borrego Water District › Section 35565.8.

35565.8. (a) The district has the authority granted to a water replenishment district by Sections 60224, 60225, and 60226.
(b) The authority granted to this district pursuant to this section is in addition to the authority granted to the district by this division.
(Added by Stats. 1992, Ch. 56, Sec. 6. Effective May 14, 1992.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.9 - Power Generation › Section 35570.

35570. A district may, by using any water or water supplies furnished to the district or used by the district, construct, maintain, and operate plants for the generation of hydroelectric power from that water and transmission lines for the conveyance thereof. The plants so constructed shall be operated in a manner consistent with the district’s storage, transmission, and distribution of water.
Construction of the plants and transmission lines may be financed by the issuance of general obligation bonds or revenue bonds or any other method of financing district works as provided in this division.
(Repealed and added by Stats. 1985, Ch. 1054, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.9 - Power Generation › Section 35571.

35571. A district may join with any other district engaged in distributing water in exercising the powers set forth in this chapter, or may execute joint power agreements with any agency formed for that purpose.
(Repealed and added by Stats. 1985, Ch. 1054, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.9 - Power Generation › Section 35572.

35572. The hydroelectric plant and transmission lines constructed pursuant to this chapter may be leased for operation to, or the power generated may be sold to, a public utility or public agency engaged in the distribution, use, or sale of electricity.
The power generated may be used by the district for its own purposes, or for the production or transmission of water, but shall not be offered for sale directly by the district to customers, other than a public utility or public agency, for any use other than the production or transmission of water.
(Repealed and added by Stats. 1985, Ch. 1054, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2.9 - Power Generation › Section 35573.

35573. The powers granted by this chapter shall not include, and nothing in this chapter shall be construed to permit, the acquisition of property or facilities already employed in the generation of hydroelectric energy, except by mutual agreement with the owner and operator of the property or facilities.
(Added by Stats. 1985, Ch. 1054, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition and Disposition of Property › Section 35600.

35600. A district may, within or without the district in the State, acquire by purchase, condemnation, or other legal means all property or rights in property necessary or proper for the district works and to supply the land with sufficient water for all district purposes.
(Amended by Stats. 1963, Ch. 899.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition and Disposition of Property › Section 35601.

35601. The right is hereby granted to locate, construct, and maintain works of a district on any land owned by the State.
(Added by Stats. 1951, Ch. 390.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition and Disposition of Property › Section 35602.

35602. There is given, dedicated, and set apart for the uses and purposes of each district all water and water rights belonging to the State within the district.
(Added by Stats. 1951, Ch. 390.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition and Disposition of Property › Section 35603.

35603. A district may construct any works along, under, or across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch, or flume which the route of a pipeline or canal of the works may proceed along or across in a manner that will afford security for life and property. The district shall restore the property crossed as near as may be to its former state or so as not to have impaired unnecessarily its usefulness. Every company whose railroad is crossed by the works shall unite with the district in forming the crossing and shall grant the necessary privileges.
(Amended by Stats. 1984, Ch. 1552, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition and Disposition of Property › Section 35604.

35604. A district may for a valuable consideration lease, sell, or contract for the sale of any property of the district whenever it may be necessary, advisable, or for the best interests of the district.
(Added by Stats. 1951, Ch. 390.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 2 - Eminent Domain › Section 35627.

35627. If the district and the owners and controllers of any property or franchise to be crossed by works of a district cannot agree with the district as to payment, location, or the manner of the crossing, these matters shall be determined as in a proceeding in eminent domain.
(Added by Stats. 1951, Ch. 390.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 2 - Eminent Domain › Section 35628.

35628. A district shall not exercise the right of eminent domain under this article for the condemnation of property outside the boundaries of the principal county in which the district is situated unless it first obtains the consent thereto of the board of supervisors of the county in which such property is located.
(Added by Stats. 1963, Ch. 899.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Public Liability › Section 35752.

35752. 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.
(Amended by Stats. 1963, Ch. 1715.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 5 - Contracts With Other Agencies › Section 35850.

35850. A district may for a valuable consideration enter into any contract with any irrigation or drainage district formed under the laws of the State as the board deems proper or advisable in the interests of the district, or to carry out or execute any of the purposes authorized by this division.
(Added by Stats. 1951, Ch. 390.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 5 - Contracts With Other Agencies › Section 35850.5.

35850.5. A district shall have power to join with one or more public agencies, private corporations or other persons for the purpose of carrying out any of the powers of such district, and for that purpose to contract with such other public agencies or private corporations or persons for the purpose of financing such acquisitions, constructions and operations. Notwithstanding anything to the contrary in this division, such contracts may provide that bonds of such district may be issued in order to acquire water rights or entitlements, including the right to receive and use water or a water supply, for each of the parties to such contracts, with such water rights or entitlements being divided among the parties in consideration of the payments to be made by such parties in order to provide debt service on the bonds of such district. A district may issue its bonds for the purpose of acquiring such water rights or entitlements under such contracts whenever joint action with the other parties to such contracts is reasonably necessary or convenient in order to obtain such water rights or entitlements for the district, and in such case the issuance of bonds of the district shall be considered a public purpose for the benefit of the district within the meaning of Section 25 of Article XIII of the California Constitution. Such contracts may provide for contributions to be made by each party thereto and for the division and apportionment of the expenses of such acquisitions and operations, and the division and apportionment of the benefits, the services and products therefrom, and may provide for an agency to effect such acquisitions and to carry on such operations, and shall provide in the powers and methods of procedure for such agency the method by which such agency may contract. Such contracts with other public or private corporations or persons may contain such other and further convenants and agreements as may be necessary or convenient to accomplish the purposes thereof.
(Amended by Stats. 1974, Ch. 860.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 5 - Contracts With Other Agencies › Section 35851.

35851. A district may for a valuable consideration enter into any contract with the United States, the State, or any department or agency of either, or with any distribution district or improvement district formed within its boundaries, or with any political subdivision of the State, including irrigation and reclamation districts, as the board deems proper, advisable, or in the interest of the district for any one or more of the following purposes:
(a) For the storage, regulation, control, development, and distribution of water for the irrigation of land.
(b) For the use, control, and distribution of drainage water within the district.
(c) For the construction, extension, operation, control, maintenance, and management of any works or other property constructed or acquired by the district, or over which it may have control, or which may be used or useful for the irrigation or drainage of land or for providing hydroelectric power.
(Amended by Stats. 1957, Ch. 1935.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 5 - Contracts With Other Agencies › Section 35852.

35852. Any contract entered into pursuant to this chapter may provide:
(a) That the land shall be included in any irrigation, drainage, or reclamation project operated directly or indirectly by or under the authority of the United States or the State.
(b) That the land shall receive water, electric power, drainage service, or other works or property of the irrigation, drainage, or reclamation project, including revenues derived therefrom.
(Added by Stats. 1951, Ch. 390.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 5 - Contracts With Other Agencies › Section 35853.

35853. Any contract entered into pursuant to this article may provide for the sale and conveyance to the United States, the State, any reclamation or irrigation project formed or operated by or under the authority of either, or any irrigation or water district formed under the laws of the State on any conditions agreed upon, which conditions shall require that the purchasing party furnish water to the land.
(Added by Stats. 1951, Ch. 390.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 5 - Contracts With Other Agencies › Section 35855.

35855. An action to determine the validity of any contract may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
(Amended by Stats. 1961, Ch. 1529.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 6 - Cooperation With the United States › Section 35875.

35875. Districts may cooperate and contract with the United States, under the Federal Reclamation Act of June 17, 1902, and all acts amendatory thereof or supplementary thereto or any act of Congress heretofore or hereafter enacted permitting cooperation.
(Added by Stats. 1953, Ch. 991.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 6 - Cooperation With the United States › Section 35876.

35876. The cooperation and contract may be for any or all of the following purposes:
(a) Acquisition, extension, or operation of works for irrigation or drainage or flood control.
(b) A water supply.
(c) Assumption as principal or guarantor of indebtedness to the United States.
(d) To receive or borrow money from the United States and provide for the repayment thereof, for the purpose of constructing projects, distribution systems or other works for the district or for any distribution district or improvement district formed therein, which said works shall be used for the storage, regulation, control, development and distribution of water for the irrigation of land or for the use, control and distribution of drainage water within the district or for flood control purposes.
(Amended by Stats. 1957, Ch. 1935.)
2023 California Code › Water Code - WAT › DIVISION 13 - CALIFORNIA WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 6 - Cooperation With the United States › Section 35878.

35878. To carry out the preceding sections of this article a district has all powers, rights, and privileges possessed by irrigation districts and may exercise those powers, rights, and privileges in the same manner as irrigation districts as provided in the Irrigation District Federal Cooperation Law.
(Added by Stats. 1953, Ch. 991.)