reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 1 - Powers Generally › Section 22232.

22232. A district may employ an expert in agriculture and related matters and other employees as may be deemed necessary to do any of the following:
(a) Supervise the construction of works for the irrigation or protection of land.
(b) Advise the owners of land or any persons engaged in farming the land of methods of increasing the productiveness of the land or as to any matters of husbandry.
(c) Conduct experiments as prescribed by the board.
(d) Perform duties for the general welfare of the people of the district as prescribed by the board.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 1 - Powers Generally › Section 22233.

22233. Any district and any county may enter into a contract agreeing to pay and apportion between them the costs of locating, removing, repairing, or relocating any facilities owned or to be owned by either party on the roads or other property of the other in such proportion and upon such terms as the governing boards of the parties shall determine to be equitable.
(Added by Stats. 1955, Ch. 1879.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 1 - Powers Generally › Section 22234.

22234. A district may contract to operate, maintain, or improve ditches and laterals not owned by the district upon petition of at least two-thirds of the owners of land served by such ditches or laterals.
In order to carry out the purposes of this section, a district may make such contracts as the board deems necessary, including but not limited to loan and repayment contracts, construction contracts, and rental of equipment contracts.
The amendment of this section made at the 1963 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the pre-existing law.
(Amended by Stats. 1963, Ch. 524.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 2 - Water Distribution › Section 22250.

22250. All water distributed by districts for irrigation purposes shall except when otherwise provided in this article be apportioned ratably to each landowner upon the basis of the ratio which the last assessment against his land for district purposes bears to the whole sum assessed in the district for district purposes.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 2 - Water Distribution › Section 22251.

22251. Any landowner may assign for use within the district his right to the whole or any portion of the water apportioned to him pursuant to Section 22250.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 2 - Water Distribution › Section 22252.

22252. When any charges for the use of water are fixed by a district the water for the use of which the charges have been fixed shall be distributed equitably as determined by the board among those offering to make the required payment.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 2 - Water Distribution › Section 22252.1.

22252.1. The board by the unanimous vote of all of the directors may specify a date prior to which applications for water for the ensuing irrigation season are to be received for all crops or for annual crops and new plantings and may require a cash deposit not to exceed the water charge for the water applied for, to be made at the time of application for each acre for which application is made. The cash deposit shall in the discretion of the board be forfeited as to each acre not using the water applied for if the district has water available to supply the same. In the event of water shortage the board may with respect to the shortage area in its discretion give preference to or serve only the land for which application was filed prior to the date set and the land for which no application was required. Any date so fixed shall be effective for each year thereafter unless changed by the board if notice thereof is published not later than April 1st in the year in the manner prescribed for the publication of the notice provided for in Section 22252.2. Nothing in this section shall prohibit apportionment of available water to land given preference under this section or otherwise restrict or limit existing powers of the board to control and provide for distribution of water.
(Added by Stats. 1947, Ch. 282.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 2 - Water Distribution › Section 22252.2.

22252.2. The action of a board in fixing or changing any such date shall be ineffective until notice thereof is given by publication once a week for two successive weeks in a newspaper published in the district, or if no newspaper is published in the district, then in a newspaper published in the office county, or if no newspaper is published in the office county, then in a newspaper published in any affected county.
(Added by Stats. 1947, Ch. 282.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 2 - Water Distribution › Section 22252.3.

22252.3. In any year in which the board determines that the water supplies of the district will be inadequate to provide water in a quantity furnished in years of average precipitation, the board may specify a date prior to which applications for water for the ensuing irrigation season are to be received. In districts where meters or other volumetric measuring instruments or facilities are not available or are inadequate to measure substantially all agricultural water deliveries, the district may establish annual water requirements in the district for growing each type of crop grown in the district, accept such applications for water based on proposed crops to be grown and acreage of each such proposed crop, and determine the quantity of water apportioned under Sections 22250, 22251, 22252, and 22252.1 expressed in terms of acreage of each type of proposed crop to be served. In such a district, the district may refuse to deliver water to, or assess penalties on, the landowner who uses such water on a greater acreage of such crops than such landowner’s share of the estimated available water will bring to maturity based on the requirements established for growing such crops in the district.
In establishing annual water requirements for growing particular types of crops, as authorized in this section, the district, with respect to those crops which ordinarily require periodic irrigation, may designate the number of irrigation runs and the amount of water to be allocated to each such run with respect to each crop and may give the water user water credits measured by the designated irrigation runs with respect to each such crop as to which the water user has notified the district he intends to underirrigate.
This section provides a means of measuring the allocation of water to lands based on the type of crop grown and does not authorize a district to designate the crops to be grown on such land.
Nothing in this section shall prohibit or limit the apportionment of available water to land given preference under Section 22252.1 or this section or to otherwise restrict or limit existing powers of the district to control and provide for distribution of water.
(Added by Stats. 1977, Ch. 78.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 2 - Water Distribution › Section 22253.

22253. When a mutual water company has been formed to furnish water to certain specified land within a district, the district may contract for the delivery of water for the specified land through the mutual water company only.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 2 - Water Distribution › Section 22254.

22254. If a district has contracted to deliver and is delivering water to a mutual water company for distribution to territory served by the latter, the water shall be apportioned on a basis found by the board to be equitable and for the best interests of all persons concerned.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 2 - Water Distribution › Section 22255.

22255. When its board deems it in the best interests of the district, the district may regulate the amount of water to be used to irrigate crops within the district when seepage from the irrigation would damage adjacent land inside or outside of the district or may require as a condition precedent to the delivery of water the construction of adequate drainage facilities to prevent damage to the adjacent land. Whenever the board finds, with respect to land for which there is no existing system for the application of water for the irrigation thereof, that the character of the soil or elevation of the land to be supplied water from the district water supply is such that the application of such water thereto by flooding is likely to require the use of excess quantities of water or to create a hazardous seepage or drainage problem, the board may limit the application of such water to that land to application through overhead sprinkling systems so designed and operated to prevent the use of excess quantities of water, or the creation of a hazardous seepage or drainage problem.
(Amended by Stats. 1953, Ch. 1563.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 2 - Water Distribution › Section 22256.

22256. A district may refuse to furnish water to any land to which it holds title by virtue of collector’s deeds to the district or to any or all land on which the district has an outstanding unredeemed certificate of sale for the nonpayment of a district assessment.
(Amended by Stats. 1961, Ch. 673.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 2 - Water Distribution › Section 22257.

22257. Each district shall establish equitable rules for the distribution and use of water, which shall be printed in convenient form for distribution in the district. A district may refuse to deliver water through a ditch which is not clean or not in suitable condition to prevent waste of water and may determine through which of two or more available ditches it will deliver water.
A district may close a defective gate in a community water distribution system used for irrigation purposes and may refuse to deliver water through the defective gate if the landowner fails to repair the gate or outlet to the satisfaction of the district within a reasonable time after receipt of notice from the board through its authorized water superintendent, manager or ditch tender to repair the gate or outlet. Rules and regulations adopted pursuant to this section may include, with respect to land for which there is no existing system for the application of water for the irrigation thereof, the limitation of the use of water for irrigation furnished by the district to an overhead sprinkling system where such method of irrigation will conserve water and prevent excess seepage or the creation of drainage problems.
(Amended by Stats. 1953, Ch. 1563.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 2 - Water Distribution › Section 22258.

22258. A district required by law or provisions of agreements under which all or part of the water supply of the district was acquired to furnish water outside its boundaries to consumers whose rights to service were at the time the supply of water was acquired by the district enforceable by reason of their status as persons of the class for whose benefit the water was appropriated or dedicated may regulate the use of water so furnished.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 2 - Water Distribution › Section 22259.

22259. If its board deems it to be for the best interests of the district, a district may enter into a contract for the lease or sale of any surplus water or use of surplus water not then necessary for use within the district, for use either within or without the district.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 2 - Water Distribution › Section 22263.

22263. Nothing contained in this division authorizes any person to divert the water of any stream or conduit from its channel to the detriment of any person having any interest in the stream, conduit, or the water therein, unless previous compensation be ascertained and paid.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 2 - Water Distribution › Section 22264.

22264. Chapter 4 (commencing with Section 116275) of Part 12 of Division 104 of the Health and Safety Code shall not apply to districts except in specific areas concerning which the State Department of Health Services gives written notice to the district.
In areas where the service rendered by the district is primarily agricultural and domestic service is only incidental thereto, the State Department of Health Services may prescribe reasonable and feasible action to be taken by the district and the consumers to insure that their domestic water will not be injurious to health.
Municipal and public corporations or utilities, other than a district, that distribute water within a district are not excepted from Chapter 4 (commencing with Section 116275) of Part 12 of Division 104 of the Health and Safety Code by this section.
(Amended by Stats. 1996, Ch. 1023, Sec. 453. Effective September 29, 1996.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 3 - Charges › Section 22280.

22280. Any district may in lieu in whole or in part of levying assessments fix and collect charges for any service furnished by the district, including, but not limited to, all of the following:
(a) (1) Use, sale, or lease of water, which may include, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, a standby charge whether the water is actually used or not.
(2) If the procedures set forth in this section as it read at the time a standby charge was established were followed, the district may, by resolution, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the district shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.
(b) Delivery of water for irrigation in excess of a specified quantity per unit of land.
(c) Water and the service thereof required by law or provisions of agreements under which all or part of the water supply of the district was acquired to be furnished outside its boundaries to consumers whose rights to service were at the time the supply of water was acquired by the district enforceable by reason of their status as persons of the class for whose benefit the water was appropriated or dedicated.
(d) Use of water for power purposes.
(e) Sale of electric power.
(f) Connections to new pipelines or extensions of existing pipelines required to serve water to lands in the district not adjacent to existing distribution works and which have been constructed in whole or in part at the expense of the district.
(g) Services performed under contracts made pursuant to Section 22234.
(h) Use of water for groundwater recharge.
(Amended by Stats. 2007, Ch. 27, Sec. 19. Effective January 1, 2008.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 3 - Charges › Section 22281.

22281. A district may charge higher rates for the service of water to any land that is not subject to assessment by the district than is charged other land in the district for similar service.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 3 - Charges › Section 22281.1.

22281.1. A district may establish a charge for the right to connect to new pipelines or extensions of existing pipelines constructed in whole or in part at the expense of the district in such amounts as in the opinion of the board will reimburse the district for the cost of construction advanced by the district.
The connection charge shall be as nearly as possible an amount equal to that proportion of the cost of construction of the new pipeline or extension that the area to be served by the connection bears to the total area to be served by the new pipeline or extension.
(Added by Stats. 1951, Ch. 1180.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 3 - Charges › Section 22282.

22282. Whenever any charges for any service provided for by this division have been fixed, they may be made payable in advance.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 3 - Charges › Section 22282.1.

22282.1. A district may refuse service to any land if outstanding charges for services already rendered such land have not been paid within a reasonable time.
(Added by Stats. 1961, Ch. 673.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 3 - Charges › Section 22284.

22284. A district may prescribe by rule that when any charges fixed for services under Section 22280 become delinquent, the charges may be collected in accordance with procedures specified in Section 25806.
(Added by Stats. 1987, Ch. 1052, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 5 - Supervision by Department › Section 22335.

22335. During the construction of any works of a district to be paid for out of the proceeds of any bond issue, the department shall have access to all plans, specifications, and records of the construction and shall from time to time make any investigations and reports to the board the department deems to be in the interest of the public or of the district.
(Amended by Stats. 1992, Ch. 1020, Sec. 15. Effective January 1, 1993.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 5 - Supervision by Department › Section 22336.

22336. During the construction of any work to be paid for out of the proceeds of the sale of any bonds of any district, the secretary shall within one week after each regular meeting of the board forward to the department copies of all reports made to the board as to the progress of the work and a statement of the amounts paid for any part of the work.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 5 - Supervision by Department › Section 22337.

22337. The board immediately after the publication of the statement of the financial condition of the district each year shall send all of the following papers to the department, which shall examine them and report to the board any suggestions it deems proper:
(a) A copy of the financial statement.
(b) A report stating the general condition of any works constructed or acquired by the district.
(c) A statement of whether or not the plan of irrigation adopted by the district is being successfully carried out.
(d) A statement of any other matters which the board deems proper.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 2 - Powers › ARTICLE 5 - Supervision by Department › Section 22338.

22338. The department may at any time make an examination of the affairs of any district or call upon the authorities of the district for any information it desires and make any report thereon it deems advisable.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition of Property › Section 22425.

22425. A district may acquire by any means any property or interest in property to carry out its purposes, including any of the following:
(a) Property for the construction, improvement, and operation of works in this state or in any other state or in a foreign nation.
(b) Works being constructed.
(c) Stock of domestic or foreign corporations owning water, water rights, canals, water works, franchises, concessions, or rights.
(d) Works by which land has been or may be supplied with water for irrigation.
(e) Property not otherwise authorized herein that may be required as a condition to obtaining state financial assistance for local projects as set forth in Chapter 5 (commencing with Section 12880), of Part 6, Division 6, of the Water Code.
(f) Public buildings and grounds.
(Amended by Stats. 1975, Ch. 582.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition of Property › Section 22426.

22426. Any property necessary for the purposes of the district may be acquired by the district and held subject to any liens, incumbrances, or obligations on it at the time of its acquisition.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition of Property › Section 22427.

22427. If any road, railroad, canal, or other property subject or devoted to public use will become subject to flooding or other interference by reason of the construction or proposed construction of any works of a district, the district may acquire the right to flood or otherwise interfere with the property, whether or not it is publicly or privately owned.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition of Property › Section 22428.

22428. If by a judgment or agreement a district is required to relocate any road, railroad, canal, or other property subject or devoted to public use, the district may acquire all property necessary to comply with the agreement or judgment and make conveyances of the relocated road, railroad, canal, or other property to comply with the agreement or judgment.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition of Property › Section 22429.

22429. The right is hereby granted to locate, construct, and maintain any of the works of a district on any land which is now or hereafter owned by the State.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition of Property › Section 22430.

22430. There is given, dedicated, and set apart for the uses and purposes of each district all water and water rights belonging to this State within the district.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition of Property › Section 22431.

22431. A district may construct any works across any watercourse, road, railway, conduit, or other property subject or devoted to public use in a manner that will afford security to life and property. The district shall restore the property crossed as near as may be to its former state or so as not to have impaired unnecessarily its usefulness.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition of Property › Section 22432.

22432. A district may on terms its board deems for the best interests of the district take a deed or release from any claimant, including any other taxing or assessing agency, to any interest in any property owned or claimed by the district.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition of Property › Section 22433.

22433. A district may purchase pursuant to law property tax sold or tax deeded to the State on which the district has a claim, lien, or deed for unpaid assessments or any right, title, interest, or claim.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition of Property › Section 22434.

22434. Any district when it appears to its board to be for the best interest of the district may discharge with or without compromise any overlapping tax or assessment liens equal or superior in rank to those of the district existing on any property to which the district has title and may purchase any outstanding tax or assessment titles existing on the property equal or superior in rank to the title of the district.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition of Property › Section 22435.

22435. A district may notwithstanding any other provisions of this division use any of its funds to carry out the provisions of Section 22434 and may with these funds purchase written evidences of indebtedness of overlapping taxing or assessing agencies for this purpose.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition of Property › Section 22436.

22436. A district may in its name take conveyances, leases, contracts, or other assurances for all property acquired by it.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition of Property › Section 22437.

22437. The title to all property acquired by a district is held in trust for its uses and purposes. The district may hold, use, acquire, manage, sell, or lease the property as provided in this division.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 1 - Acquisition of Property › Section 22438.

22438. (a) A district which is the owner of an easement for an open canal or other water conveyance facility for the transportation of water across lands not owned by the district, other than an easement evidenced by a written grant or judgment providing a legal description of the easement, has a secondary easement on each side of the open canal or other water conveyance facility for the maintenance, repair, cleaning, operation, and control of the open canal or other water conveyance facility and other use as may reasonably be required by the district in exercising those rights and in the maintenance, repair, cleaning, and operation of that easement and open canal or other water conveyance facility with equipment owned by, or available to, the district for that use at the time the rights are exercised. The duration of the secondary easement shall be for as long as the district, or its successors or assigns, continues to own the open canal or other water conveyance facility easement regardless of what use has or has not been made of the secondary easement.
(b) The owner or any lessee of the land upon which a secondary easement is located may use the surface of the land upon which the secondary easement is located for his or her own purposes to the extent that use does not unreasonably interfere with the district’s ownership or use of the secondary easement or the open canal or other water conveyance facility easement. Any encroachment or obstruction placed or permitted upon the secondary easement by the owner or any lessee of the land, which unreasonably interferes with the secondary easement or the open canal or other water conveyance facility easement, may be removed by the district at the owner’s or lessee’s expense, or by legal action filed by the district.
(c) This section shall not be construed to limit the right of a district or of any person to acquire any easement by prescription or condemnation or to enter into a written agreement concerning an easement or secondary easement upon terms agreed to by the parties.
(Amended by Stats. 1991, Ch. 454, Sec. 2.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 2 - Eminent Domain › Section 22457.

22457. If the owner of any land, easement, or franchise to be crossed by works of a district can not agree with the district as to payment, location of the crossing, or any other matters in connection therewith, they shall be determined as in a proceeding in eminent domain.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 2 - Eminent Domain › Section 22458.

22458. If a right to flood or otherwise interfere with any road, railroad, canal, or other property is acquired by eminent domain, the judgment may, if the court finds that the public convenience requires it, direct the district to relocate the road, railroad, canal, or other property in accordance with plans prescribed by the court.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 3 - Power Lines on Public Property › Section 22475.

22475. There is granted to every district the right to construct and operate in a manner affording security for life and property electric light and power lines along, over, under, or upon any road or across any railway or conduit which the route of the lines intersects or runs along.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 3 - Power Lines on Public Property › Section 22476.

22476. A district may not construct and operate electric light and power lines along, over, under, or upon any road within any city unless permission to do so is granted by the governing body of the city, which in so doing may impose reasonable conditions upon the proposed use.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 3 - Power Lines on Public Property › Section 22477.

22477. Permission pursuant to Section 22476 is not necessary where the road to be used is a convenient part of the route of the lines and at the time construction of the lines was commenced or the plans for them were adopted was located in territory not within an organized city.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 3 - Power Lines on Public Property › Section 22478.

22478. A district constructing lines pursuant to this article shall restore the road, railway, or conduit intersected to its former state of usefulness as near as possible.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 4 - Disposition of Property › Section 22500.

22500. When a board determines by resolution entered upon the minutes that any property of the district is no longer necessary for district purposes, the district may for a valuable consideration sell or lease the property upon terms that appear to the board to be for the best interests of the district. Sales and leases authorized under this section include sales and leases to the State and to cities, counties, districts and other political subdivisions of the State.
(Amended by Stats. 1949, Ch. 341.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 4 - Disposition of Property › Section 22501.

22501. A district may lease the right to produce any minerals or hydrocarbons in any property held by it upon the terms the board deems most beneficial to the district after the board has found by a resolution entered in its minutes that the lease may be carried out without interfering with the use of the property for district purposes.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 4 - Disposition of Property › Section 22502.

22502. All conveyances and leases of district property shall be executed by the secretary and president on behalf of the district in accordance with a resolution of the board.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 4 - Disposition of Property › Section 22503.

22503. A district may sell, convey, lease, give and take options and contracts of sale upon, and otherwise deal with property acquired by it through a collector’s deed, including sale to a former owner or holder, on terms and at a price approved by its board. Instruments to accomplish the same shall be executed and acknowledged by the president and secretary.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 4 - Disposition of Property › Section 22505.

22505. A district may lease any of its property to the State of California, a public agency of the State, a city, county, district, or other political subdivision of the State, whenever such a lease will benefit the district. Property may be so leased for monetary consideration or other benefit to the district without publishing notice or receiving bids if the board, by resolution entered upon its minutes, determines that the leasing is for the best interests of the district and will not interfere with the use of the property by the district for district purposes.
(Amended by Stats. 1957, Ch. 657.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 4 - Disposition of Property › Section 22506.

22506. When a board determines by resolution entered upon the minutes that any property of the district may be leased for a use or purpose that will not interfere with or be inconsistent with district uses or purposes, the district may, for a valuable consideration, lease the property for such use or purpose upon terms that appear to the board to be for the best interests of the district.
(Added by Stats. 1961, Ch. 204.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 5 - Lease of Works › Section 22527.

22527. When the board contemplates the leasing of the works of the district, it shall give notice thereof at least three weeks prior to the making of the lease, by publication at least once in some newspaper published in the principal county.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 5 - Lease of Works › Section 22530.

22530. A good and sufficient bond shall be required by the board to secure the faithful performance of the lease by the lessees.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 6 - Water Leases for Mechanical Purposes › Section 22551.

22551. Whenever a district in the development of its works has the opportunity without increased expenditure to lease for mechanical purposes not inconsistent with the district’s purposes the use of water controlled by it, it may do so.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 6 - Water Leases for Mechanical Purposes › Section 22552.

22552. Whenever the board desires to lease the use of water it shall pass a resolution of intention to do so.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 6 - Water Leases for Mechanical Purposes › Section 22553.

22553. Immediately after the passage of the resolution the secretary shall give notice of the intention, by publication for at least 20 days in one newspaper published in each affected county if a newspaper is published in it, and, if not, in any newspaper the board selects, and if the board thinks proper, in any other newspapers the board selects.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 6 - Water Leases for Mechanical Purposes › Section 22554.

22554. The notice of intention to lease the use of water shall state all of the following:
(a) The board will receive sealed proposals for the lease.
(b) The lease will be let to the highest responsible bidder.
(c) The time and place of opening the proposals.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 6 - Water Leases for Mechanical Purposes › Section 22555.

22555. At the time and place appointed the board shall open in public the proposals to lease the use of water.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 6 - Water Leases for Mechanical Purposes › Section 22556.

22556. As soon after opening the proposals as may be convenient the board may let the lease in portions or as a whole to the highest responsible bidder or may reject any or all proposals and readvertise for proposals.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 6 - Water Leases for Mechanical Purposes › Section 22557.

22557. The rental accruing upon a lease of the use of water may vary from year to year as specified in the lease and shall be payable semi-annually on the thirtieth day of December and thirtieth day of June of each year.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 6 - Water Leases for Mechanical Purposes › Section 22558.

22558. If at any time the rental is not paid on the day fixed, the amount of the rental due shall be doubled, and if not paid within the next succeeding 90 days, the lease shall be forfeited to the district, together with any and all works constructed, owned, used, or controlled by the lessee.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 6 - Water Leases for Mechanical Purposes › Section 22559.

22559. All money collected on a lease shall be paid into the district treasury and be apportioned to any funds the board deems advisable.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Property › ARTICLE 6 - Water Leases for Mechanical Purposes › Section 22560.

22560. Upon the letting of any lease, the board may require the lessee to execute a bond for the faithful performance of the covenants of the lease or give such other guaranty of good faith as in its judgment may be necessary.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Controversies › ARTICLE 1 - Actions and Proceedings › Section 22650.

22650. A district may commence and maintain any actions and proceedings to carry out its purposes or protect its interests and may defend in any action or proceeding brought against it.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Controversies › ARTICLE 1 - Actions and Proceedings › Section 22651.

22651. In all actions or proceedings the board may sue, appear, and defend in person or by attorneys and in the name of the district.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Controversies › ARTICLE 1 - Actions and Proceedings › Section 22651.5.

22651.5. (a) Except as specified in subdivision (b), any judicial action or proceeding against a district to attack, review, set aside, void, or annul an ordinance, resolution, or motion fixing or changing a rate or charge for an electric commodity or an electric service furnished by the district and adopted on or after July 1, 2000, shall be commenced within 120 days of the effective date of that ordinance, resolution, or motion.
(b) The statute of limitations specified in subdivision (a) does not apply to any judicial action or proceeding filed pursuant to Chapter 13.7 (commencing with Section 54999) of Part 1 of Division 2 of Title 5 of the Government Code to protest or challenge a rate or charge or to seek the refund of a capital facilities fee if the notice and disclosure requirements of Section 54999.35 of the Government Code have not been followed.
(Added by Stats. 2000, Ch. 146, Sec. 8. Effective July 21, 2000.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Controversies › ARTICLE 1 - Actions and Proceedings › Section 22652.

22652. Service of summons upon a district may be made by serving it upon either the secretary or a majority of the directors elected.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Controversies › ARTICLE 1 - Actions and Proceedings › Section 22653.

22653. Before an action or proceeding by the holders of bonds of a district to compel or restrain the doing of an act by the district or its board may be commenced or maintained, the holders of 10 per cent or more of the outstanding bonds of the district shall join in the action or proceeding as plaintiffs, petitioners, or applicants for the relief sought.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Controversies › ARTICLE 1 - Actions and Proceedings › Section 22654.

22654. A district may commence, maintain, intervene in, compromise, and assume the costs of any action or proceeding involving or affecting the ownership or use of waters or water rights within the district used or useful for any purpose of the district or of benefit to any land.
(Added by Stats. 1953, Ch. 226.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Controversies › ARTICLE 1 - Actions and Proceedings › Section 22655.

22655. A district may commence, maintain, intervene in, defend, and compromise actions and proceedings to prevent interference with or diminution of the natural flow of any stream or natural or artificially created subterranean supply of waters which may:
(a) Be used or be useful for any purpose of the district.
(b) Be of common benefit to the land or its inhabitants.
(c) Endanger the inhabitants or the land.
(Added by Stats. 1953, Ch. 227.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Controversies › ARTICLE 2 - Validating Proceedings › Section 22670.

22670. An action to determine the validity of any contract entered into for a period of more than three years or the levy of any assessment or of bonds, including whether or not the bonds when delivered to the person entitled to them under the terms of a contract will or do constitute valid obligations of the district as against all persons, may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
(Amended by Stats. 1981, Ch. 740, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Controversies › ARTICLE 3 - Limitations › Section 22700.

22700. No contest of any thing or matter herein provided shall be made other than in the time and manner herein specified.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Controversies › ARTICLE 3 - Limitations › Section 22701.

22701. In any such action all findings of fact or conclusions of a board or board of supervisors upon all matters shall be conclusive unless the action was instituted within six months after the finding or conclusion was made.
(Added by Stats. 1943, Ch. 372.)
2023 California Code › Water Code - WAT › DIVISION 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Controversies › ARTICLE 4 - Public Liability › Section 22727.

22727. 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 11 - IRRIGATION DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Controversies › ARTICLE 5 - Settlement of Damages to Water Rights of State Land › Section 22750.

22750. In all controversies involving any damage to any and all water rights of any land which is heretofore or hereafter tax-sold or tax-deeded to the State, the State disclaims any interest in the controversy and authorizes the district within which the land is situated to make a final settlement of the controversy.
(Added by Stats. 1943, Ch. 372.)