reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Other Functions › ARTICLE 4 - Water Replenishment Assessment › Section 71689.4.

71689.4. If the board shall have probable cause to believe that the production of ground water from any water-producing facility is in excess of that disclosed by the sworn statements covering such water-producing facility, or if no statements are filed covering a water-producing facility, the board may cause an investigation and report to be made concerning the production of ground water from such water-producing facility. The board may fix the amount of ground water production from any such water-producing facility at an amount not to exceed the maximum production capacity of such water-producing facility; provided, however, where a water-measuring device is permanently attached thereto, the record of production as disclosed by such water-measuring device shall be presumed to be accurate and the burden is upon the district to establish to the contrary.
After such determination has been made by the board, a written notice thereof shall be mailed to the operator of such water-producing facility at his address as shown by the district’s records. Any such determination made by the district shall be conclusive on the operator, and on any producer producing water from such water-producing facility, and the replenishment assessment based thereon, together with interest and penalties, shall be payable forthwith, unless such operator or producer shall file with the board of directors of the district within 10 days after the mailing of such notice a written protest setting forth the ground or grounds for protesting the amount of production so fixed or the replenishment assessment, interest, and penalties so levied thereon. Upon the filing of such protest, the board shall hold a hearing at which time the total amount of the ground water production and the replenishment assessment thereon shall be determined, and the interest and penalties fixed, which action shall be conclusive if based upon substantial evidence. A notice of such hearing shall be mailed to protestant at least 10 days before the date fixed for the hearing. Notice of the determination by the board shall be mailed to each protestant. The producer shall have 20 days from the date of mailing of such notice to pay the replenishment assessment, interest and penalties so fixed by the board.
(Added by Stats. 1965, Ch. 1725.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Other Functions › ARTICLE 4 - Water Replenishment Assessment › Section 71689.5.

71689.5. The district may bring a suit in the court having jurisdiction against any producer of ground water from the ground water supplies within the district for the collection of any delinquent replenishment assessment, interest, or penalties. The court having jurisdiction of the suit may, in addition to any judgment, award interest and costs on any judgment as allowed by law.
(Amended by Stats. 1974, Ch. 1516.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Other Functions › ARTICLE 4 - Water Replenishment Assessment › Section 71689.6.

71689.6. It shall be unlawful to produce groundwater from any water-producing facility within any district from and after one year following the adoption of the resolution provided for in Section 71686 hereof, unless such water-producing facility shall have a water-measuring device affixed thereto capable of registering the accumulated amount of groundwater produced therefrom.
The board by resolution may extend such date on a year-to-year basis upon its determination that availability, price of water-measuring devices, or other circumstances justify such extension. Should the date be extended, notice thereof shall be published in the district pursuant to Section 6066 of the Government Code, such publication to be completed not less than two months prior to the date so extended.
This section shall not be applicable to any operator of a water-producing facility having a discharge opening two inches or less in diameter and providing groundwater for domestic or irrigation uses on an area not exceeding one acre in extent, who is required to pay a replenishment assessment in an amount fixed by resolution of the board of the district as hereinabove in this part provided.
Violation of this section shall be punishable by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail for not to exceed six months, or by both such fine and imprisonment. Each day of operation of a water-producing facility in violation hereof shall constitute a separate offense.
(Amended by Stats. 1983, Ch. 1092, Sec. 418. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Other Functions › ARTICLE 4 - Water Replenishment Assessment › Section 71689.7.

71689.7. Following a final adjudication of all or substantially all of the rights to extract ground water and a determination of the natural safe yield of the ground water supplies within the district, and a determination of the amount or extent to which the rights to extract ground water so adjudicated may be exercised without exceeding the natural safe yield of such ground water supplies, the board shall recognize such judicial determination by exempting from replenishment assessments the amount of water pumped by each person whose rights have been so adjudicated which does not exceed his proportionate share of the natural safe yield of the ground water supplies of the district, as so adjudicated from time to time by the court having jurisdiction over such adjudication proceeding. The replenishment assessment shall thenceforth be levied on each producer by multiplying the production in acre-feet of ground water so produced by such producer’s water-producing facility in excess of his said adjudicated share of the natural safe yield by the rate of the replenishment assessment fixed and levied by the board for the fiscal year in which such production shall occur.
(Added by Stats. 1965, Ch. 1725.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Other Functions › ARTICLE 4 - Water Replenishment Assessment › Section 71689.8.

71689.8. To the extent that the replenishment assessment after adjudication hereunder shifts from all producers to those who extract water in excess of their respective shares of the natural safe yield of the ground water supplies within the district as so adjudicated, such replenishment assessment shall be deemed to benefit those persons who continue to pump and extract ground water in excess of their adjudicated shares of the natural safe yield. Inasmuch as such persons must buy supplemental water or be in contempt of the court’s order limiting their extraction of ground water, they shall be deemed to benefit by the payment of a replenishment assessment which is used to purchase water to supplement the natural supplies of ground water available for use.
(Added by Stats. 1965, Ch. 1725.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Other Functions › ARTICLE 4 - Water Replenishment Assessment › Section 71689.9.

71689.9. To the extent that ground water supplies are replenished under this article no person shall acquire any property or other right in the waters provided by the district for replenishment purposes.
(Added by Stats. 1965, Ch. 1725.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Other Functions › ARTICLE 5 - Sanitation Service › Section 71689.20.

71689.20. A district may acquire, construct, and operate facilities for, or may contract with others for, the collection and disposal of the garbage, waste, and trash of the district and its inhabitants. A district may not engage in, or contract with others for, the collection and disposal of garbage, waste, and trash in competition with any existing county franchise for the collection and disposal of garbage, waste, and trash.
(Added by Stats. 1971, Ch. 310.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Other Functions › ARTICLE 5 - Sanitation Service › Section 71689.21.

71689.21. The district may prescribe, revise, and collect rates or other charges for the services furnished pursuant to this article.
(Added by Stats. 1971, Ch. 310.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Other Functions › ARTICLE 5 - Sanitation Service › Section 71689.22.

71689.22. The district may provide that such rates or charges may be collected with the water or sewer rates, or both, of the district and that all rates shall be billed upon the same bill and collected as one item, and that in the event of failure to pay the whole or any part thereof, the district may discontinue any and all services for which such bill is rendered.
(Added by Stats. 1971, Ch. 310.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Other Functions › ARTICLE 5 - Sanitation Service › Section 71689.23.

71689.23. The district may determine whether sanitary service is necessary or feasible for all residents or properties within the district and shall thereupon make a finding as to which type of customer or area shall be excluded from service.
(Added by Stats. 1971, Ch. 310.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Other Functions › ARTICLE 5 - Sanitation Service › Section 71689.25.

71689.25. Any contract with other parties for the supplying of this service for the district shall be granted by public bid for such periods as the district determines is in the best interests of the district. In the event of failure to receive a suitable bid, the district may negotiate a contract for service.
(Added by Stats. 1971, Ch. 310.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Other Functions › ARTICLE 5 - Sanitation Service › Section 71689.26.

71689.26. A district may adopt ordinances relating to the provision of sanitation services and the regulation of such services. Every such ordinance shall be in full force and effect forthwith upon adoption, but shall be published once in full in a newpaper of general circulation, printed, published and circulated in the district within 10 days after adoption, or if there be no newspaper it shall be posted within such time in three public places within the district.
(Added by Stats. 1971, Ch. 310.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 3 - Other Functions › ARTICLE 5 - Sanitation Service › Section 71689.27.

71689.27. From and after the posting or publication of any ordinance as provided in Section 71689.26, it shall be a misdemeanor for any person to violate any ordinance of the district adopted pursuant to Section 71689.26, and upon conviction thereof, such person shall be punished by being imprisoned in the county jail for not more than 30 days, or by fine of not more than six hundred dollars ($600), or by both such fine and imprisonment.
(Amended by Stats. 1983, Ch. 1092, Sec. 419. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Property › Section 71690.

71690. A district may, within or without the district:
(a) Take real and personal property of every kind by grant, purchase, gift, device, or lease.
(b) Hold, use, enjoy, lease, or dispose of real and personal property of every kind.
(Added by Stats. 1963, Ch. 156.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Property › Section 71691.

71691. A district may:
(a) Acquire, or contract to acquire, waterworks or a waterworks system, waters, water rights, lands, rights, and privileges.
(b) Construct, maintain, and operate conduits, pipelines, reservoirs, works, machinery, and other property useful or necessary to store, convey, supply, or otherwise make use of water for a waterworks plant or system for the benefit of the district.
(c) Complete, extend, add to, repair, or otherwise improve any waterworks or waterworks system acquired by the district.
(d) Carry on and conduct waterworks or a waterworks system.
(e) Construct, maintain, and operate works, facilities improvements and property of the district useful or necessary for the provision, generation, and delivery of hydroelectric power pursuant to Sections 71662 and 71663.
(Amended by Stats. 1977, Ch. 146.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Property › Section 71692.

71692. A district may lease from any person, or public corporation or agency, with the privilege of purchasing or otherwise, all or any part of water storage, transportation, or distribution facilities, existing waterworks, or a waterworks system.
(Added by Stats. 1963, Ch. 156.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Property › Section 71693.

71693. A district may exercise the right of eminent domain to take any property necessary to supply the district or any portion thereof with water. The district, in exercising such power, shall, in addition to the damage for the taking, injury, or destruction of property, also pay the cost of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles of any public utility which is required to be removed to a new location.
(Amended by Stats. 1975, Ch. 582.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Property › Section 71694.

71694. A district may exercise the right of eminent domain to take any property necessary to carry out any powers of the district. The district, in exercising such right, shall, in addition to the damage for the taking, injury, or destruction of property, also pay the cost of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles of any public utility which is required to be removed to a new location.
A district shall not exercise the right of eminent domain, under this section, for the condemnation of property outside the boundaries of the district for any purpose, unless it first obtains the consent thereto of the board of supervisors of the county in which such property is located; provided, however, that a district may exercise the right of eminent domain, under this section, for the condemnation of property outside the boundaries of the district for the acquisition of rights-of-way in any county in which territory of the district is located or in any county adjacent to such county without obtaining the consent of the board of supervisors thereof.
When a district proposes to exercise the power of eminent domain, under this section, for the condemnation of property outside the boundaries of the district for the acquisition of rights-of-way in any county in which territory of the district is located or in any county adjacent to such county, it shall give written notice, at least two weeks prior to condemning the property, to the board of supervisors of the county in which the property is located. Such written notice shall contain a description of the property to be condemned.
(Amended by Stats. 1975, Ch. 582.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Property › Section 71695.

71695. A district may construct works along and across any stream of water, watercourse, street, avenue, highway, canal, ditch, or flume, or across any railway which the route of the works may intersect or cross. Such works shall be constructed in such manner as to afford security for life and property, and the district shall restore the crossings and intersections to their former state as near as may be, or in a manner so as not to have impaired unnecessarily their usefulness.
(Added by Stats. 1963, Ch. 156.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Property › Section 71696.

71696. Every company whose right-of-way is intersected or crossed by district works shall unite with the district in forming the intersections or crossings and grant the rights therefor.
(Added by Stats. 1963, Ch. 156.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Property › Section 71697.

71697. (a) A district may locate, construct, and maintain district works along and across any street or public highway and on any lands that are now or hereafter owned by the state; and a district has the same rights and privileges appertaining thereto as have been or may be granted to cities within the state. For districts whose territory includes any portion of the redevelopment project area referenced in subdivision (e) of Section 33492.41 of the Health and Safety Code, the exercise of this right shall not be subject to any permitting and approval requirements of any local agency other than the municipal water district that is locating, constructing, or maintaining these district works to the extent that this right is exercised for the purpose of providing facilities or services related to development, as defined in subdivision (e) of Section 56426 of the Government Code, to or in that portion of the redevelopment project area that, as of January 1, 2000, meets all of the following requirements:
(1) Is unincorporated territory.
(2) Contains at least 100 acres.
(3) Is surrounded or substantially surrounded by incorporated territory.
(4) Contains at least 100 acres zoned for commercial or industrial uses or is designated on the applicable county general plan for commercial or industrial uses.
(b) Facilities or services related to development may be provided by the district to all or any portion of the area defined in paragraphs (1) to (4), inclusive, of subdivision (a). Notwithstanding any other provision of the Government Code, building ordinances, zoning ordinances, and any other local ordinances, rules, and regulations of a city or other political subdivision of the state shall not apply to the location, construction, or maintenance of facilities or services related to development pursuant to this section.
(Amended by Stats. 2000, Ch. 129, Sec. 5. Effective July 14, 2000.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Property › Section 71698.

71698. Any use by the district of a public highway now or hereafter constituted a state highway shall be subject to the provisions of Chapter 3 (commencing with Section 660) of Division 1 of the Streets and Highways Code.
(Added by Stats. 1963, Ch. 156.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Property › Section 71699.

71699. No publicly owned utility shall commence to provide any water service for, on, or to any land within a municipal water district which is subject to (1) the lien of a bonded indebtedness incurred by the district for the purpose of providing a service similar to that which the utility proposes to provide or (2) a lien of an indebtedness arising under any contract between the district and the United States of America incurred or contracted by the district for the purpose of providing water service; provided, that a majority of the voters voting at an election within the district have approved the incurrence of the indebtedness and, provided further, that the district has water available and is ready, able, and willing to serve such land.
However, a publicly owned utility may commence to provide service, otherwise prohibited, upon either of the following conditions:
(a) In any portion of such a municipal water district proposed to be served by the publicly owned utility in which the total number of registered voters residing therein is less than 12, and in which the municipal water district (1) receives the written consent of at least a majority of the owners of real property holding at least a majority in value of the real property and (2) consents to the service by resolution.
(b) In any portion of such a municipal water district proposed to be served by the publicly owned utility in which the total number of registered voters residing therein is 12 or more, and in which at least a majority of the voters voting on the proposition shall have voted at a special municipal water district election to permit such service within that portion of the district. The election shall be called and held within that portion of the district in the same manner as an initiative measure pursuant to Section 71530.
(Added by Stats. 1970, Ch. 1272.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 4 - Property › Section 71700.

71700. Any publicly owned utility which commences to provide any water service for, on, or to any land within a municipal water district which is providing service to the land and which land at the commencement of such service is subject to the lien of a bonded or contract indebtedness with revenues pledged for their payment, shall reimburse the district from the water revenues derived from charges made for service to such land, the amount which would have been paid by the district from water revenues for such bond or contract payments.
(Added by Stats. 1970, Ch. 1272.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 5 - Contracts › ARTICLE 1 - Contracts With Other Agencies › Section 71720.

71720. As used in this article:
(a) “Public agency” means and includes the United States or any department or agency thereof, the State or any department or agency thereof, and a county, city, public corporation, or public district of the State.
(b) “Private corporation” means and includes any private corporation organized under the laws of the United States or of this or any other state thereof.
(Added by Stats. 1963, Ch. 156.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 5 - Contracts › ARTICLE 1 - Contracts With Other Agencies › Section 71721.

71721. Contracts mentioned in this article include those made with the United States under the Federal Reclamation Act of June 17, 1902, and all acts amendatory thereof or supplementary thereto, or any other act of Congress heretofore or hereafter enacted permitting co-operation.
(Added by Stats. 1963, Ch. 156.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 5 - Contracts › ARTICLE 1 - Contracts With Other Agencies › Section 71722.

71722. A district may join with one or more public agencies, private corporations, or other persons for the purpose of carrying out any of the powers of the district, and for that purpose may contract with such other public agencies, private corporations, or persons to finance acquisitions, constructions and operations.
(Added by Stats. 1963, Ch. 156.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 5 - Contracts › ARTICLE 1 - Contracts With Other Agencies › Section 71723.

71723. The contracts with other public agencies, private corporations, or persons may provide for contributions to be made by each party thereto, for the division and apportionment of the expenses of the acquisitions and operations, and for the division and apportionment of the benefits, the services, and products therefrom. Such contracts may also provide for an agency to effect the acquisitions and to carry on the operations, and shall provide in the powers and methods of procedure for such agency the method by which the agency may contract. Such contracts may contain such other and further covenants and agreements as may be necessary or convenient to accomplish the purposes thereof.
(Added by Stats. 1963, Ch. 156.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 5 - Contracts › ARTICLE 1 - Contracts With Other Agencies › Section 71724.

71724. Any such contract with the United States or any department or agency thereof, or with any private corporation organized under the laws of the United States, by which the district or an improvement district thereof incurs an indebtedness or liability exceeding in any year the income and revenue for such year, shall not be executed without the assent of a majority of the qualified electors of the district or the improvement district voting at an election to be held for that purpose. Such election shall be called and held, so far as practicable, in the same manner as bond elections for the district or an improvement district.
(Amended by Stats. 1975, Ch. 151.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 5 - Contracts › ARTICLE 1 - Contracts With Other Agencies › Section 71725.

71725. The exact final form of a proposed contract required to be approved by the voters of the district or an improvement district need not be available at the time of the special election, but the purpose of the contract, the maximum amount of the indebtedness created thereby, the maximum term of repayment, and the maximum interest rate on such indebtedness shall be known and included in the proposition or measure submitted to the voters of the district or the improvement district at the special election.
(Added by Stats. 1963, Ch. 156.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 5 - Contracts › ARTICLE 1 - Contracts With Other Agencies › Section 71726.

71726. Any proposed contract approved by the voters of the Rainbow Municipal Water District, as provided in this article, at a special election held prior to January 1, 1978, shall be an approved contract notwithstanding that the maximum interest rate on such indebtedness was not known at the time of the special election and was not included in the proposition submitted to the voters of the district at the special election.
The provisions of this section are necessary because of special circumstances within the Rainbow Municipal Water District. A special election was held in the Rainbow Municipal Water District at which there was submitted to the voters of the district the proposition to approve a contract with the United States for a loan for the acquisition and construction of water facilities. At the time the proposed contract was submitted to the voters of the district the maximum interest rate on the indebtedness was not known and was not included in the proposition, although the voters were informed of the approximate rate of interest on the indebtedness. The proposed contract was approved by the voters and the district must enter into the contract in order to provide needed water to the inhabitants of the district. It is therefore hereby declared that a general law cannot be made applicable and that the enactment of this section as a special law is necessary for the solution of problems existing in the Rainbow Municipal Water District.
(Added by Stats. 1978, Ch. 449.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 5 - Contracts › ARTICLE 2 - Central Basin Municipal Water District › Section 71730.

71730. (a) For the purposes of this article, “district” means the Central Basin Municipal Water District.
(b) It is the intent of the Legislature in enacting this article that the district make better use of the funds it spends on services, that it does not unnecessarily use amendments that limit competitive bidding for its contracts, and that its contract amendments reflect the authorization of the district’s board.
(Added by Stats. 2016, Ch. 426, Sec. 1. (SB 953) Effective January 1, 2017.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 5 - Contracts › ARTICLE 2 - Central Basin Municipal Water District › Section 71731.

71731. (a) The district shall not use sole source contracts unless one of the following conditions is met:
(1) The contract is limited to an emergency circumstance.
(2) The circumstances are that only one vendor can meet the district’s needs.
(b) Before executing a sole source contract, the district shall provide written justification demonstrating the reasons for not competitively bidding the services. The justification shall include all of the following information:
(1) The background of the purchase.
(2) A description of the vendor’s uniqueness.
(3) An explanation of the consequences of not purchasing from the vendor.
(4) Market research to substantiate a lack of competition.
(5) An analysis of pricing and alternatives.
(Added by Stats. 2016, Ch. 426, Sec. 1. (SB 953) Effective January 1, 2017.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 5 - Contracts › ARTICLE 2 - Central Basin Municipal Water District › Section 71732.

71732. The district shall rebid a contract if the district significantly changes the scope of work of the contract. Significant changes include, but are not limited to, changes to the nature of the services or work products.
(Added by Stats. 2016, Ch. 426, Sec. 1. (SB 953) Effective January 1, 2017.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 5 - Contracts › ARTICLE 2 - Central Basin Municipal Water District › Section 71733.

71733. The general manager of the district shall submit a quarterly report to the district’s board detailing all of the district’s contracts, contract amendments, and contract and amendment dollar amounts.
(Added by Stats. 2016, Ch. 426, Sec. 1. (SB 953) Effective January 1, 2017.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 6 - Controversies › Section 71750.

71750. A district may sue and be sued, except as otherwise provided in this division or by law, in all actions and proceedings in all courts and tribunals of competent jurisdiction.
(Added by Stats. 1963, Ch. 156.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 6 - Controversies › Section 71751.

71751. A district may commence, maintain, intervene in, and compromise, in the name of the district, any action or proceeding involving or affecting the ownership or use of water or water rights within the district, used or useful for any purpose of the district, or a common benefit to lands within the district or inhabitants of the district.
(Added by Stats. 1963, Ch. 156.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 6 - Controversies › Section 71752.

71752. An action to determine the validity of any contract authorized by Article 1 (commencing with Section 71720) of Chapter 5 of this part and any bonds, notes or other evidences of indebtedness 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. 1963, Ch. 1151.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 6 - Controversies › Section 71753.

71753. 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 to the district.
(Amended by Stats. 1963, Ch. 1715.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 6 - Controversies › Section 71757.

71757. To carry out the purposes of this division, a district shall have the power to commence, maintain, intervene in, defend and compromise, in the name of the district, or as a class representative of the inhabitants, property owners, taxpayers, water producers or water users within the district, or otherwise, and to assume the costs and expenses of any and all actions and proceedings now or hereafter begun to determine or adjudicate all or substantially all of the water rights of a basin or other hydrologic unit overlain, in whole or in part, by the district, as between owners of or claimants to such rights, to prevent any interference with water or water rights used or useful to the lands, inhabitants, owners, operators, or producers within the district, or to prevent the diminution of the quantity or quality of the water supply of the district or such basin, or to prevent unlawful exportation of water from the district or such basin.
(Added by Stats. 1965, Ch. 1725.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 6 - Controversies › Section 71758.

71758. The district may employ counsel to defend any action brought against it or against any of its officers, agents or employees on account of any claimed action or inaction involving any claimed injury, taking, damage or destruction, and the fees and expenses involved therein shall be a lawful charge against the district.
(Added by Stats. 1967, Ch. 83.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 5 - POWERS AND PURPOSES › CHAPTER 6 - Controversies › Section 71759.

71759. If any officer, agent or employee of the district is held liable for any act or omission in his official capacity, except in case of actual fraud or actual malice, and any judgment is rendered thereon, the district shall pay the judgment without obligation for repayment by the officer, agent or employee.
(Added by Stats. 1967, Ch. 83.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 6 - FINANCIAL PROVISIONS › CHAPTER 1 - Warrants › Section 71800.

71800. A district may issue warrants to pay the formation expenses of the district. The warrants may bear interest at a rate not exceeding 8 percent per year from the date of issue until funds are available to pay the warrants.
(Amended by Stats. 1974, Ch. 721.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 6 - FINANCIAL PROVISIONS › CHAPTER 1 - Warrants › Section 71801.

71801. Formation expenses may include the fees of attorneys and others employed to conduct the formation proceedings, but shall not include the expenses of holding and conducting the formation election.
(Added by Stats. 1963, Ch. 156.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 6 - FINANCIAL PROVISIONS › CHAPTER 2 - Promissory Notes › Section 71810.

71810. A district may issue negotiable promissory notes pursuant to Sections 71811 and 71812. Such promissory notes shall bear interest at a rate not to exceed 12 percent per year. They shall be payable from revenues and taxes levied for purposes of the district other than the payment of principal and interest on any bonded debt of the district or of an improvement district therein.
(Amended by Stats. 1981, Ch. 466, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 6 - FINANCIAL PROVISIONS › CHAPTER 2 - Promissory Notes › Section 71810.5.

71810.5. Notwithstanding the provisions of Section 71810 which limit the rate of interest which promissory notes issued by a district may bear, the Otay Municipal Water District may issue promissory notes which bear interest at a rate not exceeding 15 percent per year. All other provisions of Section 71810 shall be applicable to the issuance of such notes. No promissory notes shall be issued by the Otay Municipal Water District pursuant to this section after five years following the effective date of this section, provided that this provision shall not affect the validity of any such notes issued prior to such date.
(Added by Stats. 1980, Ch. 274, Sec. 1. Effective June 29, 1980.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 6 - FINANCIAL PROVISIONS › CHAPTER 2 - Promissory Notes › Section 71811.

71811. A district may issue negotiable promissory notes pursuant to this section to acquire funds for any district purposes. The maturity of the promissory notes shall not be later than five years from the date thereof. The total aggregate amount of the notes outstanding, at any one time, may be at least equal to seventy-five thousand dollars ($75,000) in any district but shall not exceed the lesser of either five million dollars ($5,000,000) or 3 percent of the assessed valuation of the taxable property in the district or, if the assessed valuation is not obtainable, 3 percent of the county auditor’s estimate of the assessed valuation of the taxable property in the district evidenced by his certificate . Promissory notes issued pursuant to Section 71812 may be disregarded in computing the aggregate amount of notes that may be issued pursuant to this section.
(Amended by Stats. 1981, Ch. 464, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 6 - FINANCIAL PROVISIONS › CHAPTER 2 - Promissory Notes › Section 71812.

71812. A district may issue negotiable promissory notes pursuant to this section for the purpose of acquiring funds to finance the construction or acquisition of administrative offices, construction headquarters, commercial offices, or facilities for similar district purposes and for the acquisition of land for district purposes. The maturity of such promissory notes shall not be later than 10 years from the date thereof. The total aggregate amount of such notes outstanding at any one time may be at least equal to fifty thousand dollars ($50,000) in any district, but shall not exceed the lesser of either three million dollars ($3,000,000) or 1 percent of the assessed valuation of the taxable property in the district, or, if the assessed valuation is not obtainable, 1 percent of the county auditor’s estimate of the assessed valuation of the taxable property in the district evidenced by his certificate. Promissory notes issued pursuant to Section 71811 may be disregarded in computing the aggregate amount of notes that may be issued pursuant to this section.
(Amended by Stats. 1981, Ch. 463, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 6 - FINANCIAL PROVISIONS › CHAPTER 2 - Promissory Notes › Section 71813.

71813. A district may borrow money in anticipation of the sale of, but not in excess of the principal amount of, authorized bonds of an improvement district formed pursuant to Chapter 3 (commencing with Section 71870) or Chapter 4 (commencing with Section 71920) of Part 7 of this division which have not yet been sold and delivered, and for that purpose may issue and sell negotiable bond anticipation notes, and may refund such notes as provided in this section. Such notes may be issued in anticipation of the sale of all or any portion of the bonds which are duly authorized at the time the notes are issued. Such notes shall mature within a period not to exceed five years from the date of issuance. In the event that the sale of bonds shall not have occurred prior to the maturity of such notes, the district may issue renewal notes to meet the notes then maturing. There shall be only one renewal of any note issued pursuant to this section and such renewal note shall mature within a period not to exceed three years from the date of issuance. The notes shall be sold in such manner as the board may determine, and such notes and the resolution providing for the issuance of such notes may contain any provision, condition or limitation which a bond, or any resolution or ordinance providing for the issuance of bonds, may contain. The interest on bond anticipation notes shall be payable at the time or times provided in such notes and may be represented by interest coupons attached to the notes and shall be payable from the same funds from which the interest on bonds of the improvement district are payable. The principal of such notes may be paid from any moneys of the improvement district available for such purpose. If such notes, or any portion thereof, have not been previously paid, they shall be paid from the proceeds of the next sale of bonds in anticipation of which the notes were issued. The resolution providing for the issuance of bond anticipation notes may contain a provision that, if for any reason bonds of the improvement district are not sold in time to provide funds to pay any unpaid note, and, if other funds of the improvement district are not available for such payment, taxes shall be levied upon the taxable property in the improvement district for such payment in the same manner provided for the payment of bonds in such amount each year for such period of years as may be set forth in such resolution. To the extent bond anticipation notes are paid from a tax levy, authorized bonds in a corresponding amount shall be canceled and not issued thereafter. When bonds of the improvement district are issued and any portion of the proceeds of the sale are to be used to pay bond anticipation notes, such bond shall mature not later than the maximum permissible years for such bonds under Section 71951 from the date of such notes as originally issued.
(Amended by Stats. 1975, Ch. 519.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 6 - FINANCIAL PROVISIONS › CHAPTER 2 - Promissory Notes › Section 71814.

71814. A district may borrow money in anticipation of the sale of, but not in excess of the principal amount of, authorized bonds of the district which have not yet been sold and delivered, and for that purpose may issue and sell negotiable bond anticipation notes, and may refund such notes from time to time, but the maximum maturity of any such notes, as originally issued or as refunded, shall not exceed five years from the date of the original notes. The notes shall be sold in such manner as the board may determine, and such notes and the resolution providing for the issuance of such notes may contain any provision, condition or limitation which a bond, or any resolution or ordinance providing for the issuance of bonds, may contain. The interest on bond anticipation notes shall be payable at the time or times provided in such notes and may be represented by interest coupons attached to the notes and shall be payable from the same funds from which the interest on bonds of the district are payable. The principal of such notes may be paid from any moneys of the district available for such purpose. If such notes, or any portion thereof, have not been previously paid, they shall be paid from the proceeds of the next sale of bonds in anticipation of which the notes were issued. The resolution providing for the issuance of bond anticipation notes may contain a provision that, if for any reason bonds of the district are not sold in time to provide funds to pay any unpaid note, and, if other funds of the district are not available for such payment, taxes shall be levied upon the taxable property in the district for such payment in the same manner provided for the payment of bonds in such amount each year for such period of years as may be set forth in such resolution. To the extent bond anticipation notes are paid from a tax levy, authorized bonds in a corresponding amount shall be canceled and not issued thereafter. When bonds of the district are issued and any portion of the proceeds of the sale are to be used to pay bond anticipation notes, such bonds shall mature not later than the maximum permissible years for such bonds under Section 71951 from the date of such notes as originally issued.
(Amended by Stats. 1972, Ch. 618.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 6 - FINANCIAL PROVISIONS › CHAPTER 3 - Adoption of Improvement Acts › Section 71820.

71820. A district may use the Improvement Act of 1911, the Municipal Improvement Act of 1913, and the Improvement Bond Act of 1915 for the construction of any facilities authorized to be constructed by a district under the provisions of this division.
(Amended by Stats. 1972, Ch. 378.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 6 - FINANCIAL PROVISIONS › CHAPTER 3 - Adoption of Improvement Acts › Section 71821.

71821. The powers and duties conferred pursuant to Section 71820 on the various boards, officers, and agents of cities shall be exercised by the corresponding boards, officers, and agents of the district.
(Amended by Stats. 1972, Ch. 378.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 6 - FINANCIAL PROVISIONS › CHAPTER 3 - Adoption of Improvement Acts › Section 71822.

71822. In the application of the improvement acts specified in Section 71820 to proceedings instituted by a district, the terms used in such improvement acts have the following meanings:
(a) “City council,” “council,” or “legislative body” means the board of directors of the district.
(b) “Municipality” or “city” means the district.
(c) “Clerk” or “city clerk” means the secretary of the district.
(d) “Superintendent of streets,” “street superintendent,” or “city engineer” means any person appointed by the board to perform such duties.
(e) “Tax collector” means the county tax collector.
(f) “Treasurer” or “city treasurer” means the person or officer who has charge of and makes payment of the funds of the district.
(g) “Mayor” means the president of the board.
(h) “Right-of-way” means any parcel of land in, on, under, or through which a right-of-way or easement has been granted to the district for the purpose of contructing and maintaining any district works or improvements.
(i) “Auditor” means the county auditor.
(Amended by Stats. 1972, Ch. 378.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 6 - FINANCIAL PROVISIONS › CHAPTER 3 - Adoption of Improvement Acts › Section 71823.

71823. Any certificates or documents required by the improvement acts specified in Section 71820 to be filed or recorded in the office of the superintendent of streets or street superintendent shall be filed or recorded in the office of the secretary of the district.
(Amended by Stats. 1972, Ch. 378.)
2023 California Code › Water Code - WAT › DIVISION 20 - MUNICIPAL WATER DISTRICTS › PART 7 - BONDS › CHAPTER 1 - In General › Section 71852.

71852. A district may issue bonds pursuant to Chapters 2 (commencing with Section 71860) and 5 (commencing with Section 71940) of this part for the purpose of providing money required to be paid to any district or authority organized under the Metropolitan Water District Act or the County Water Authority Act by the board of directors of such district or authority as all or part of the terms and conditions upon which the corporate area of the district may be annexed to the metropolitan water district or county water authority. The amount of such bonds may include the expenses of all proceedings for the authorization, issuance, and sale of the bonds.
(Added by Stats. 1963, Ch. 156.)