20510-20543
WATER CODE
SECTION 20510-20543
20510. Unless the context otherwise requires, the provisions of
this chapter shall govern the construction of this division.
20511. The definition of a word applies to any of its variants.
20512. "Include" except when used in relation to the inclusion of
land into a district does not necessarily exclude matters not
enumerated.
20513. "District" means any irrigation district formed pursuant to
any law of this State or to this division except the Palo Verde
Irrigation District.
20514. "Improvement district" means an improvement district formed
pursuant to the Irrigation District Improvement Act or to this
division.
20516. "Rules" include "regulations."
20517. "Land" except in Chapter 2A (commencing with Section 23800)
of Part 7 and Chapter 2 (commencing with Section 26875) of Part 11
means land in the district or proposed district involved.
20518. "Principal county" means the county in which all the land is
situated, or if the land is situated in more than one county, the
county in which the greatest portion of the area of the land is
situated.
In proceedings for consolidation or reorganization of districts
having different principal counties, the term "principal county"
means the county in which the greatest portion of the total combined
acreage in the districts to be consolidated or reorganized is
located.
20519. "Affected county" means any county in which land is
situated.
20520. "Office county" means the county in which the principal
office of a district is kept.
20521. "Board" means the board of directors of a district.
20522. "President" means the president of the board.
20523. "Secretary" means the secretary of the board.
20524. "Elective officers" irrespective of the method of selection
in any particular instance are:
(a) A director from each division except as otherwise provided in
this division.
(b) An assessor, a collector, and a treasurer, except when one or
more of such officers are appointed pursuant to Section 21123.
20525. "General district election" is the district election
required to be held on the first Tuesday after the first Monday in
November in each odd-numbered year.
20526. "Bond election" means an election provided for in Chapter 4
of Part 4.
20527. "Elector," "voter," and "precinct board" have respectively
the same meaning as in the Elections Code, but an "elector" or "voter"
shall also be a resident of the district or proposed district
involved.
20527.5. Notwithstanding Section 20527, or any other provision of
law to the contrary, in the Jackson Valley Irrigation District every
owner of real property within the district, but no others, may vote
at elections for directors or otherwise. Such owners need not be
residents of the district in order to qualify as voters. The last
equalized assessment book of the district is conclusive evidence of
the ownership of real property so owned, except that in the event
that an assessment for a district shall not have been made and levied
for the year in which the election is held or an equalized
assessment book prepared, the last equalized county assessment roll
shall be used in lieu of the assessment book of the district. Where
land is owned in joint tenancy, tenancy in common, or any other
multiple ownership, the owners of such land shall designate in
writing which one of the owners shall be deemed the owner of such
land for purposes of qualifying as a voter.
The legal representative of a corporation or estate owning real
property may vote on behalf of such corporation or estate. As used in
this section, legal representative means an official of a
corporation owning real property, and means a guardian, conservator,
executor, or administrator of the estate of the holder of title to
real property who:
(a) Is appointed under the laws of this state.
(b) Is entitled to the possession of the estate's real property.
(c) Is authorized by the appointing court to exercise the
particular right, privilege, or immunity which he seeks to exercise.
Before a legal representative votes at a district election he
shall present to the precinct board a certified copy of his authority
which shall be kept and filed with the returns of the election.
20527.6. (a) Notwithstanding Section 20527, or any other provision
of law to the contrary, in the Camp Far West Irrigation District in
Placer and Yuba Counties, "elector" and "voter" shall mean a person,
corporation, or other entity owning land within the district. At any
district election in the Camp Far West Irrigation District, only
landowners may vote, and they need not be residents of the district
in order to qualify as voters. Each landowner shall have one vote for
each dollar's worth of land to which he or she holds title. The last
equalized assessment book of the district shall be conclusive
evidence of ownership and of the value of the land so owned, except
that in the event that an assessment for the district shall not have
been made and levied for the year in which the election is held, the
last equalized assessment roll of the county in which the land is
located shall be used in lieu of the assessment book of the district.
Where land is owned in joint tenancy, tenancy in common, or any
other multiple ownership, the owners of the land may designate in
writing which one of the owners shall be deemed the owner of the land
for purposes of qualifying as a voter. In the absence of that
designation each owner shall be entitled to vote his pro rata share
of the total value of the land in such multiple ownership.
(b) Every landowner, or the legal representative of a
corporation, estate, or trust owning land within the district, may
vote at any district election, either in person or by a person duly
appointed as his proxy.
(c) As used in this section, "legal representative" means any of
the following:
(1) An authorized official of a corporation owning land in the
district.
(2) The trustees of an express trust which owns land in the
district.
(3) The executor, administrator, guardian of the estate, or
conservator of the estate of a holder of title to land in the
district who is appointed under the laws of this state, is entitled
to possession of the land, and who is authorized by the appointing
court to vote in the election.
(d) Before a legal representative votes at a district election,
he or she shall present to the precinct board a certified copy of his
or her authority, which shall be kept and filed with the returns of
the election. No appointment of a proxy shall be valid, accepted, or
vote allowed thereon at any district election unless it meets all the
following requirements:
(1) It is in writing.
(2) It is executed by the person or legal representative of the
person who is entitled to the votes for which the proxy is given.
(3) It is acknowledged.
(4) It specifies the election at which it is to be used. An
appointment of a proxy shall be used only at the election specified.
(e) Every appointment of a proxy is revocable at the pleasure of
the person executing it at any time before the person appointed as
proxy shall have cast a ballot representing the votes for which the
appointment was given.
(f) Notwithstanding Section 21100 or any other provision of law,
any voter, as defined in this section, is eligible to be a member of
the Board of Directors of the Camp Far West Irrigation District,
provided that the voter shall be a freeholder within the division
that the voter represents, during the entire term.
20527.7. Notwithstanding Section 20527, or any other provision of
law, in the Montague Water Conservation District in Siskiyou County
every owner of real property within the district, but no others, may
vote at elections for directors or otherwise. Such owners need not be
residents of the district in order to qualify as voters. The last
equalized county assessment role is conclusive evidence of ownership
of the real property so owned. Where land is owned in joint tenancy,
tenancy in common, or any other multiple ownership, the owners of
such land shall designate in writing which one of the owners shall be
deemed the owner of such land for purposes of qualifying as a voter.
The legal representative of a corporation or estate owning real
property may vote on behalf of such corporation or estate. As used in
this section, legal representative means an official of a
corporation owning real property or a guardian, conservator,
executor, or administrator of the estate of the holder of title to
real property who:
(a) Is appointed under the laws of this state.
(b) Is entitled to the possession of the estate's real property.
(c) Is authorized by the appointing court to exercise the
particular right, privilege, or immunity which he seeks to exercise.
Before a legal representative votes at a district election, he shall
present to the precinct board a certified copy of his authority which
shall be kept and filed with the returns of the election.
Every voter, or his legal representative, may vote at any district
election either in person or by a person duly appointed as his
proxy, but shall be entitled to cast only one vote. The appointment
of a proxy shall be as provided in Section 35005.
Notwithstanding Section 21100 or any other provision of law, any
voter as defined in this section is eligible to be a member of the
Board of Directors of the Montague Water Conservation District.
20527.8. Notwithstanding Section 20527, or any other provision of
law, in the Cordua Irrigation District every owner of land within the
district, but no others, may vote at elections for directors or
otherwise. Such owners need not be residents of the district in order
to qualify as voters. Each voter shall be entitled to cast one vote
for each one hundred dollars ($100) of assessed valuation of land to
which he has title. The last equalized county assessment role is
conclusive evidence of ownership and of the value of the land so
owned. Where land is owned in joint tenancy, tenancy in common, or
any other multiple ownership, the owners of such land shall designate
in writing which one of the owners shall be deemed the owner of such
land for purposes of qualifying as a voter.
The legal representative of a corporation or estate owning real
property may vote on behalf of such corporation or estate. As used in
this section, legal representative means an official of a
corporation owning real property or a guardian, conservator,
executor, or administrator of the estate of the holder of title to
real property who:
(a) Is appointed under the laws of this state.
(b) Is entitled to the possession of the estate's real property.
(c) Is authorized by the appointing court to exercise the
particular right, privilege, or immunity which he seeks to exercise.
Before a legal representative votes at a district election, he shall
present to the precinct board a certified copy of his authority which
shall be kept and filed with the returns of the election.
Every voter, or his legal representative, may vote at any district
election either in person or by a person duly appointed as his
proxy. The appointment of a proxy shall be as provided in Section
35005.
Notwithstanding Section 21100 or any other provision of law, any
voter as defined in this section is eligible to be a member of the
Board of Directors of the Cordua Irrigation District or to serve as
an elective officer of the district.
20527.9. Notwithstanding Section 20527, or any other provision of
law, in the Provident Irrigation District in Glenn and Colusa
Counties every owner of real property within the district, but no
others, may vote at elections for directors or otherwise. Such owners
need not be residents of the district in order to qualify as voters.
The last equalized county assessment role is conclusive evidence of
ownership of the real property so owned. Where land is owned in joint
tenancy, tenancy in common, or any other multiple ownership, the
owners of such land shall designate in writing which one of the
owners shall be deemed the owner of such land for purposes of
qualifying as a voter.
The legal representative of a corporation or estate owning real
property may vote on behalf of such corporation or estate. As used in
this section, legal representative means an official of a
corporation owning real property or a guardian, conservator,
executor, or administrator of the estate of the holder of title to
real property who:
(a) Is appointed under the laws of this state.
(b) Is entitled to the possession of the estate's real property.
(c) Is authorized by the appointing court to exercise the
particular right, privilege, or immunity which he seeks to exercise.
Before a legal representative votes at a district election, he shall
present to the precinct board a certified copy of his authority which
shall be kept and filed with the returns of the election.
Every voter, or his legal representative, may vote at any district
election either in person or by a person duly appointed as his
proxy, but shall be entitled to cast only one vote. The appointment
of a proxy shall be as provided in Section 35005.
Notwithstanding Section 21100 or any other provision of law, any
voter as defined in this section is eligible to be a member of the
Board of Directors of the Provident Irrigation District.
20527.91. Notwithstanding Section 20527 or any other provision of
law, in the Big Springs Irrigation District in Siskiyou County and in
the Princeton-Codora-Glenn Irrigation District, every owner of real
property within the district, but no others, may vote at elections
for directors or otherwise. Owners need not be residents of the
district in order to qualify as voters. The last equalized county
assessment roll is conclusive evidence of ownership of the real
property so owned. Where land is owned in joint tenancy, tenancy in
common, or any other multiple ownership, the owners of the land shall
designate in writing which one of the owners shall be deemed the
owner of the land for purposes of qualifying as a voter.
The legal representative of a corporation or estate owning real
property may vote on behalf of the corporation or estate. As used in
this section, legal representative means an official of a corporation
owning real property or a guardian, conservator, executor, or
administrator of the estate of the holder of title to real property
who is all of the following:
(a) Appointed under the laws of this state.
(b) Entitled to the possession of the estate's real property.
(c) Authorized by the appointing court to exercise the particular
right, privilege, or immunity which the legal representative seeks to
exercise. Before a legal representative votes at a district
election, the legal representative shall present to the precinct
board a certified copy of his or her authority which shall be kept
and filed with the returns of the election.
Every voter, or his or her legal representative, may vote at any
district election either in person or by a person duly appointed as
his or her proxy, but shall be entitled to cast only one vote. The
appointment of a proxy shall be as provided in Section 35005.
Notwithstanding Section 21100 or any other provision of law, any
voter, as defined in this section, is eligible to be a member of the
Board of Directors of the Big Springs Irrigation District or the
Board of Directors of the Princeton-Codora-Glenn Irrigation District.
20527.10. (a) Notwithstanding Section 20527 or any other provision
of law, in the Glenn Colusa Irrigation District, every owner of real
property within the district, but no others, may vote at district
elections. Owners need not be residents of the district in order to
qualify as voters.
(b) The last equalized district assessment roll is conclusive
evidence of ownership of the real property.
(c) (1) If land is owned in joint tenancy, tenancy in common, or
any other multiple ownership, the owners of the land shall designate,
in writing, which one of the owners is deemed the owner of the land
for purposes of qualifying as a voter.
(2) The designation shall be made upon a form provided by the
district, and shall be filed with the district at least 40 days prior
to the election and shall remain in effect until amended or revoked.
No amendment or revocation may occur within the period of 39 days
prior to any election.
(d) The district shall provide a list of eligible voters pursuant
to Section 10525 of the Elections Code at least 35 days prior to an
election, which list shall provide for the limitation of one vote for
each owner as specified in this section.
(e) The legal representative of a corporation or estate owning
real property may vote on behalf of the corporation or estate.
(f) (1) Every voter, or his or her legal representative, may vote
at any district election either in person or by a person appointed as
his or her proxy, but may cast only one vote.
(2) The Glenn Colusa Irrigation District has the powers of a
California water district with regard to Section 35005 and the
appointment of a proxy shall be pursuant to that section.
(g) Notwithstanding Section 21100 or any other provision of law,
any voter, as specified in this section, may be a member of the Board
of Directors of the Glenn Colusa Irrigation District as long as the
voter is a landowner within the division that the voter represents,
unless divisions are abolished as provided in Section 21550.
(h) (1) As used in this section, "legal representative" means an
official of a corporation owning real property or a guardian,
conservator, executor, or administrator of the estate of the holder
of title to real property who is all of the following:
(A) Appointed under the laws of this state.
(B) Entitled to the possession of the estate's real property.
(C) Authorized by the appointing court to exercise the particular
right, privilege, or immunity which the legal representative seeks to
exercise.
(2) Before a legal representative votes at a district election,
the legal representative shall present to the precinct board a
certified copy of his or her authority which shall be kept and filed
with the returns of the election.
20527.11. (a) The Board of Directors of the Richvale Irrigation
District may adopt a resolution that authorizes persons holding title
to real property within the district, or their legal representative,
to vote. Holders of title need not be residents of the district in
order to qualify as voters. Each eligible voter shall be entitled to
cast only one vote.
(b) The last equalized county assessment roll is conclusive
evidence of ownership of the real property.
(c) (1) If land is owned in joint tenancy, tenancy in common,
community property, or any other multiple ownership, the owners of
the land shall designate, in writing, which one of the owners is
deemed the owner of the land for purposes of qualifying as a voter.
(2) The designation shall be made upon a form provided by the
district, shall be filed with the district at least 40 days prior to
the election, and shall remain in effect until amended or revoked. No
amendment or revocation may occur within the period of 39 days prior
to any election.
(d) The district shall provide to the elections clerk a list of
eligible voters pursuant to Section 10525 of the Elections Code at
least 35 days prior to an election.
(e) The legal representative of a corporation or estate owning
real property may vote on behalf of the corporation or estate.
(f) (1) Every voter, or his or her legal representative, may vote
at any district election either in person or by a person appointed as
his or her proxy.
(2) Voting by legal representatives and the appointment of a proxy
shall be allowed in accordance with Sections 35005 and 35006 of the
Water Code.
(g) Notwithstanding Section 21100, any eligible voter, as
specified in this section, may be a member of the Board of Directors
of the Richvale Irrigation District.
(h) (1) As used in this section, "legal representative" means an
official of a corporation owning real property or a guardian,
conservator, executor, or administrator of the estate of the holder
of title to real property who is all of the following:
(A) Appointed under the laws of this state.
(B) Entitled to the possession of the estate's real property.
(C) Authorized by the appointing court to exercise the particular
right, privilege, or immunity that the legal representative seeks to
exercise.
(2) As used in this section, "eligible voter" means a person who
meets the requirements of Section 20527 or a person who is a holder
of title to real property within the district.
(3) The Board of Directors of the Richvale Irrigation District
may, not less than 120 days before the next general district
election, abolish the divisions of the district for that election.
The abolishment of the divisions shall be effective only for that
general election, unless the question of abolishing the divisions is
presented to the voters at that election and a majority of the votes
cast on that question are in favor of abolishing the divisions for
future elections.
(i) (1) This section shall be operative as long as the district
does not provide water, drainage services, electricity, flood control
services, or sewage disposal services for domestic purposes for
residents of the district.
(2) (A) This section shall become inoperative if the district
commences to provide any of the services described in paragraph (1).
(B) The district shall notify the Secretary of State 30 days prior
to commencing to provide any of the services described in paragraph
(1). The notice required by this subparagraph shall state that it is
being made pursuant to this subdivision.
20527.12. (a) (1) This section only applies to the James Irrigation
District. As used in this section, "district" means the James
Irrigation District.
(2) Notwithstanding Section 20527 or any other provision of law,
in the district, every owner of real property within the district,
but no others, may vote at district elections. Owners need not be
residents of the district in order to qualify as voters.
(b) The last equalized district assessment roll is conclusive
evidence of ownership of the real property.
(c) (1) If land is owned in joint tenancy, tenancy in common, or
any other multiple ownership, the owners of the land shall designate,
in writing, which one of the owners is deemed the owner of the land
for purposes of qualifying as a voter.
(2) The designation shall be made upon a form provided by the
district, and shall be filed with the district at least 40 days prior
to the election and shall remain in effect until amended or revoked.
No amendment or revocation may occur within the period of 39 days
prior to any election.
(d) The district shall provide a list of eligible voters pursuant
to Section 10525 of the Elections Code at least 35 days prior to an
election, which list shall provide for the limitation of one vote for
each owner as specified in this section.
(e) The legal representative of a corporation or estate owning
real property may vote on behalf of the corporation or estate.
(f) (1) Every voter, or his or her legal representative, may vote
at any district election either in person or by a person appointed as
his or her proxy, but may cast only one vote.
(2) The district has the powers of a California water district
with regard to Section 35005 and the appointment of a proxy shall be
pursuant to that section.
(g) Notwithstanding Section 21100 or any other provision of law,
any voter, as specified in this section, may be a member of the board
of the district as long as the voter is a landowner within the
division that the voter represents, unless divisions are abolished as
provided in Section 21550.
(h) (1) As used in this section, "legal representative" means an
official of a corporation owning real property or a guardian,
conservator, executor, or administrator of the estate of the holder
of title to real property who is all of the following:
(A) Appointed under the laws of this state.
(B) Entitled to the possession of the estate's real property.
(C) Authorized by the appointing court to exercise the particular
right, privilege, or immunity which the legal representative seeks to
exercise.
(2) Before a legal representative votes at a district election,
the legal representative shall present to the precinct board a
certified copy of his or her authority which shall be kept and filed
with the returns of the election.
(i) The board of the district, not less than 120 days before the
general district election to be held in 2001, may abolish the
divisions of the district for that election. The abolishment of the
division shall be effective only for that general district election,
unless the question of abolishing the division is presented to the
voters at that election and a majority of the votes cast on that
question are in favor of abolishing the divisions for future
elections.
(j) (1) This section shall be operative as long as the district
does not provide water, drainage services, electricity, flood control
services, or sewage disposal services for domestic purposes for
residents of the district.
(2) (A) This section shall become inoperative if the district
commences to provide any of the services described in paragraph (1).
(B) The district shall notify the Secretary of State 30 days prior
to commencing to provide any of the services described in paragraph
(1). The notice required by this subparagraph shall state that it is
being made pursuant to this subdivision.
20527.13. (a) (1) This section only applies to the Corcoran
Irrigation District. As used in this section, "district" means the
Corcoran Irrigation District.
(2) Notwithstanding Section 20527 or any other provision of law,
in the district, every owner of real property within the district,
but no others, may vote at district elections. Owners need not be
residents of the district in order to qualify as voters.
(b) The last equalized district assessment roll is conclusive
evidence of ownership of the real property.
(c) (1) If land is owned in joint tenancy, tenancy in common, or
any other multiple ownership, the owners of the land shall designate,
in writing, which one of the owners is deemed the owner of the land
for purposes of qualifying as a voter.
(2) The designation shall be made upon a form provided by the
district, and shall be filed with the district at least 40 days prior
to the election and shall remain in effect until amended or revoked.
No amendment or revocation may occur within the period of 39 days
prior to any election.
(d) The district shall provide a list of eligible voters pursuant
to Section 10525 of the Elections Code at least 35 days prior to an
election, which list shall provide for the limitation of one vote for
each owner as specified in this section.
(e) The legal representative of a corporation or estate owning
real property may vote on behalf of the corporation or estate.
(f) (1) Every voter, or his or her legal representative, may vote
at any district election either in person or by a person appointed as
his or her proxy, but may cast only one vote.
(2) Proxies shall be appointed pursuant to Section 35005.
(g) (1) Notwithstanding Section 21100 or any other provision of
law, any voter or a voter's legal representative, as defined in this
section, may be a member of the board of the district as long as the
voter is a landowner within the division that the voter represents,
unless the divisions have been abolished, as provided in Section
21550, and the voter resides within the boundaries of the district or
the City of Corcoran.
(2) The requirements of this subdivision apply to any board member
who is elected, or appointed to fill a vacancy, on or after the
effective date of the act adding this subdivision.
(h) (1) As used in this section, "legal representative" means an
official of a corporation owning real property or a guardian,
conservator, executor, or administrator of the estate of the holder
of title to real property who is all of the following:
(A) Appointed under the laws of this state.
(B) Entitled to the possession of the estate's real property.
(C) Authorized by the appointing court to exercise the particular
right, privilege, or immunity which the legal representative seeks to
exercise.
(2) Before a legal representative votes at a district election,
the legal representative shall present to the precinct board a
certified copy of his or her authority which shall be kept and filed
with the returns of the election.
(i) (1) This section shall be operative as long as the district
does not provide water, drainage services, electricity, flood control
services, or sewage disposal services for domestic purposes for
residents of the district.
(2) (A) This section shall become inoperative if the district
commences to provide any of the services described in paragraph (1).
(B) The district shall notify the Secretary of State 30 days prior
to commencing to provide any of the services described in paragraph
(1). The notice required by this subparagraph shall state that it is
being made pursuant to this subdivision.
20528. "Holder of title" includes a holder of evidence of title
and, also, a holder of land under a possessory right acquired by
entry or purchase from the United States or the State of California.
20529. "Property" except in Part 10 embraces all real and personal
property, including water, water rights, works, franchises,
concessions and rights.
20530. "Works" includes dams, reservoirs, wells, conduits, pumps,
power houses, power generating equipment, power lines, and their
appurtenances.
20531. "Conduits" include canals, laterals, ditches, flumes, pipes,
and their appurtenances.
20532. "Acquire" includes construct, purchase, lease, exchange,
condemn, jointly acquire when joint acquisition is permitted, and
contract to acquire.
20533. "Dispose" includes lease, sell, contract to lease, contract
to sell, and the making of any instrument necessary therefor.
20534. "Operate" includes use, maintain, and repair.
20535. "Assessee" means the person to whom property is assessed.
20536. "Assessment book" includes any substantial record showing
the information required to be kept in it, whether in the form of
bound volumes or of cards arranged and kept to provide a record of
the assessments.
20537. "Completion assessment" means an assessment levied pursuant
to Article 2 of Chapter 2 of Part 10.
20538. "Particular purpose assessment" means an assessment levied
pursuant to Article 3 of Chapter 2 of Part 10.
20539. "Emergency assessment" means an assessment levied pursuant
to Article 4 of Chapter 2 of Part 10.
20540. "Limited assessments" means any or all of the following:
(a) Completion assessment.
(b) Particular purpose assessment.
(c) Emergency assessment.
20541. "Charges" includes tolls.
20542. "Refund" includes fund.
20543. "Road" includes streets, highways, and alleys.