Orange County Water District
OCWD
District Act
January 2018
Orange County Water District Act
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Table of Contents
Section 1 Creation; Name of District; Boundaries; Divisions ................................................... 7
1.1 Repealed by Stats. 1953 ............................................................................................ 14
1.2 Boundaries; Adjustment ................................................................................................ 14
1.3 Repealed by Stats. 1953 .............................................................................................. 14
1.4 Repealed by Stats. 1998 .............................................................................................. 14
1.5 Repealed by Stats. 1953 .............................................................................................. 14
1.6 Repealed by Stats. 1998 .............................................................................................. 14
Section 2 District powers
......................................................................................................... 14
2.1
Groundwater storage; Agreement between entity and District; use priorities;
limitation of parties; waivers of replenishment and basin equity assessments;
allocation considerations; written findings ............................................................. 18
2.5 Negotiable promissory notes; issuance; interest rate; maturity; payment; amount ..... 19
Section 3 Exercise of powers
............................................................................................... 19
Section 4 Board of directors; officers; employees ................................................................. 19
4.1 Attorney ...................................................................................................................... 20
4.2 Payment of judgment against officer, agent or employee............................................. 20
Section 5 President or vice presidents; general manager or secretary; execution of contracts;
treasurer; administrative rules and regulations; officers' bond
............................... 20
Section 6 Directors; quorum; method of acting ..................................................................... 21
6.5 Directors; compensation; reimbursement of expenses ................................................ 21
Section 7 Property; legal title; management, use, etc.; sale
................................................... 22
Section 8 Investigations of quality of surface and groundwaters; cleanup; liability .................. 22
Section 9 Election of directors ................................................................................................. 23
Section 10 Repealed by Stats. 1965 ............................................................................................ 24
Section 11 Directors; residence requirements .......................................................................... 24
Section 12 Directors; Time of election; Appointment of Certain Directors; Vacancies; Bond ......... 24
Section 13 Organization after election; term; office; general manager and secretary ............... 25
Section 14 to 14.2 Repealed by Stats. 1965 ................................................................................... 25
Section 15 Declaration of appointment ..................................................................................... 25
Section 16 Financial statement; CPA audit .............................................................................. 25
Section 17 Estimate of money needed; maximum general assessment ................................... 26
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17.1 “General reserve” and “appropriation for contingencies” defined ................................. 27
Section 18 Assessments; levy; rate
.......................................................................................... 27
Section 19 Computation and entry of assessments; collection; laws applicable ...................... 28
Section 2 0 Funds .................................................................................................................... 28
20.5 Claims for money or damages; law governing .............................................................. 29
20.6 Determination of Feasibility of project ............................................................................ 29
20.7 Finding from engineer’s report; institution of project ..................................................... 30
Section 21 Issuance of bonds; purposes
................................................................................... 30
21.1 Maximum debt limit ..................................................................................................... 30
21.2 Resolution of board .................................................................................................... 30
21.3 Resolution calling election; contents ............................................................................. 30
21.4 Publication of resolution .................................................................................................. 31
21.5 Consolidation of elections ............................................................................................. 31
21.6 Electors; registration; conduct of election ..................................................................... 31
21.7 Canvass of returns; resolution of results; required vote. .............................................. 31
21.8 Defeat of proposition; limitation on further proceedings .............................................. 32
21.9 Form of bonds and coupons; date .............................................................................. 32
21.10 Series bonds............................................................................................................... 32
20.11 Time, manner and place of payment; maturity ............................................................. 32
21.12 Action to determine validity of bonds .......................................................................... 32
21.13 Redemption prior to maturity ...................................................................................... 32
21.14 Denomination of bonds ................................................................................................. 32
21.15 Signatures ..................................................................................................................... 32
21.16 Issuance and sale; bids .............................................................................................. 33
21.17 Legal investments ......................................................................................................... 33
21.18 Bond fund; use; transfer of balance .............................................................................. 33
21.19 Delivery of bonds; purchase price ................................................................................. 33
21.20 Unsold bonds; resolution voiding; time ....................................................................... 34
21.21 Use of bond proceeds for other purposes; election; procedure ................................... 34
21.22 Levy and collection of assessment ............................................................................... 34
Section 22 Renumbered 40-20.7 and Amended. Stats. 1963
........................................................... 34
Section 23 Replenishment Assessment ........................................................................................... 34
Section 24 Registration of water producing facilities; fine for nonregistration; definitions ................... 35
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Section 25 Annual investigation and report upon ground water conditions .......................................... 36
Section 26 Notice of receipt of report; hearing on report; estimated over-draft and replenishment
requirements ................................................................................................................. 36
Section 27 Replenishment assessment; levy; rate; hearing; additional assessment .......................... 37
27.1 Additional replenishment assessment; hearing; finding and determination by board;
irrigation defined ........................................................................................................... 38
Section 28 Replenishment assessment; notice .................................................................................... 38
28.1 Additional replenishment assessment; notice ............................................................... 38
Section 29 Water production statement; replenishment assessment ................................................... 38
29.1 Filing false or fraudulent water production statement; misdemeanor; penalty ............. 40
29.2 Repealed by Stats. 1978 .............................................................................................. 40
Section 3 0 Amended statement; correction of records ............................................................... 40
Section 3 1 Record of water production; record of replenishment assessments and charges .40
31.5 Basin equity assessments; production requirements and limitations; use of proceeds;
investigation and report; contents; notice of receipt of report and hearing; contents;
hearing; board actions; notice of assessment and production requirement or limitation;
operator’s report and verification; payments; interest, penalty ..................................... 41
31.6 Transfers from general fund to basin equity assessment fund; repayment ................. 47
Section 32 Unregistered facility; injunction ..................................................................................... 47
Section 33 Excess production; Investigation; meters; order limiting production; protest; notices
...................................................................................................................................48
33.1 Investigation and report concerning water production; authority of district to fix amount
of production; notice; protest; hearing .......................................................................... 48
Section 34 Delinquent replenishment or basin equity assessment ............................................... 49
Section 35 Production of water from unregistered facility and without meter; exemption;
punishment ................................................................................................................. 50
35.1 Injuring, removing or tampering with meters; misdemeanor; penalty .......................... 50
Section 36 Repealed by Stats. 1984 ................................................................................................ 50
Section 37 Claims; treasurer’s report ............................................................................................... 50
Section 38 Replenishment and basin equity assessments; exclusion of certain facilities ........... 51
38.1 Exemption from payment of replenishment and basin equity assessments ................ 52
Section 3 9 Acquisition of right to flood; relocation of streets, etc. ............................................. 55
Section 4 0 Repealed by Stats. 1970 ............................................................................................ 55
Section 41 Unauthorized indebtedness ......................................................................................... 55
Section 42 Unpaid warrants; registration; interest; subsequent payment ................................... 55
Section 43 Tax exemption of certain district property .................................................................... 56
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Section 44 Action to test validity of assessment ........................................................................... 56
Section 45 Statement, report, notice or other document required to be filed or given to district;
date of filing or giving ................................................................................................. 56
Section 46, 47 Repealed by Stats. 1961 ................................................................................................ 56
Section 48 Limitation of actions .................................................................................................... 56
Section 49 Willful violation of duty ................................................................................................ 57
Section 50 Annexation; authorization; effect ................................................................................. 57
Section 51 Annexation; petition .................................................................................................... 57
Section 52 Annexation; notice to show cause.............................................................................. 57
Section 53 Annexation; hearing upon petition and objections ..................................................... 58
Section 54 Annexation; condition to grant .................................................................................... 58
Section 55 Annexation; determination; inclusion order; agreement to conditions; notice to show
cause regarding conditions; dismissal of petition ..................................................... 58
Section 56 Annexation; resolution stating facts; undertaking to pay election costs .................... 60
Section 57 Annexation; election .................................................................................................... 60
Section 58 Annexation; order conforming to result of election .................................................... 61
Section 59 Annexation; sufficient protest; finding of best interest; election .................................... 61
Section 60 Annexation; record of boundary change; effect. .......................................................... 61
Section 61 Annexation; minute entry; evidence .............................................................................. 62
Section 62 Annexation; powers of guardian, executor or administrator ...................................... 62
Section 63 Annexation; liability of included land........................................................................... 62
Section 64 Annexation; division and precinct boundaries ............................................................ 62
Section 65 Exclusion of lands; authorization; effect ...................................................................... 62
Section 66 Exclusion of lands; petition ......................................................................................... 63
Section 67 Exclusion of lands; notice to show cause................................................................... 63
Section 68 Exclusion of lands; hearing upon petition and objections .......................................... 63
Section 69 Exclusion of lands; hearing; grant or denial of petition .............................................. 64
Section 70 Repealed by Stats. 1953 ................................................................................................ 64
Section 71 Exclusion of lands; redetermination of boundaries .................................................... 64
Section 72 Exclusion of lands; division and precinct boundaries ................................................. 64
Section 7 3 Exclusion of lands; powers of guardian, executor or administrator ......................... 64
Section 74 Exclusion of lands; liability of excluded lands ............................................................ 65
74.1 to 74.10 Repealed by Stats. 1951 .................................................................................. 65
Section 75 Liberal construction ..................................................................................................... 65
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Section 76 Partial invalidity .............................................................................................................. 65
Section 77 Vested rights .................................................................................................................. 65
Section 78 Title of act .................................................................................................................... 66
Supplementary Regulations
58 91, Chapter 770, California Statutes of 1953 (Section 64,65) ......................................................... 66
Section 64 ................................................................................................................................................66
Section 65 ................................................................................................................................................ 66
SB 1371, Chapter 1812, California Statutes of 1961 (Section 5) ......................................................... 66
Section 5 ............................................................................................................................................... 66
Public Works Contracts
Section 21040 Application of Articles (Chapter 1.5) ............................................................................. 67
Section 21041 Binding Contracts; Endorsement .................................................................................. 67
Section 21042 Construction; Contracts; Work by Force Account; Bids .............................................. 67
Section 21043 Response to Emergency in Accordance with Provisions Relating Minority and
Women Business Enterprises....................................................................................... 68
Section 21044 Contracts Excluded from Competitive Bidding Requirement ........................................ 68
Section 21045 Faithful Performance Bond; Direction and Approval of Work ...................................... 68
Deering's Water Code of the State of California
Chapter 2 Compensation of Water District Directors ..................................................................... 69
Section 20200 "Water District" .............................................................................................................. 69
Section 20201 Authorization to Provide and to Increase Compensation .............................................. 69
Section 20201.5 Reimbursement for Expenses ...................................................................................... 70
Section 20202 Yearly Ceiling on Compensation Increase; Limitation on Number on
Compensable Days ..................................................................................................... 70
Section 20203 Authority to Adopt Ordinances; Notice and Hearing .................................................... 70
Section 20204 Effective Date of Ordinances; Voters' Right to Petition for Referendum ...................... 70
Section 20205 Suspension of Ordinance; Number of Signatures Necessary to Subject
Ordinance to Referendum ............................................................................................. 70
Section 20206 Procedure Following Ordinance Protest Petition ........................................................ 71
Section 20207 Applicability of Elections Code.......... ……………………………………………………….71
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An Act creating a district to be called “Orange County Water District” for the purpose of
providing for importation of water into said district and preventing waste of water in or exportation of
water from said district and providing for reclamation of drainage, storm, flood and other water for
beneficial use in said district and for the conservation and control of storm and flood water flowing
into said district; providing for the organization and management of said district and establishing
the boundaries and divisions thereof and defining the powers of the district, including the
right of the district to sue and to be sued, and the powers and duties of the officers thereof;
providing for the construction of works and acquisition of property by the district to carry out the
purposes of this act; authorizing the incurring of indebtedness and the voting, issuing and selling of
bonds and the levying and collecting of assessments by said district; and providing for the inclusion
of additional lands therein and exclusion of lands therefrom. (Stats.1933 c. 924 p. 2400.)
ORANGE COUNTY WATER DISTRICT ACT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1 Creation; name of district; boundaries; divisions
DIVISIONS
Section operative until Jan. 1 following receipt of notice of adjustment of boundaries. See, also section operative Jan. 1
following receipt of notice of adjustment of boundaries.
(a.)
A district is hereby created to be known and designated as "Orange County
Water District," located entirely within Orange County, California, including
and comprising all of the land within the exterior boundaries of the district,
which boundaries are described as follows:
Beginning at the intersection of the boundary line between Los Angeles and Orange Counties, as officially established by
the California Legislature in 1919, see Chapter 470 of the 1919 Statutes and Amendments to the codes, or
Sections 3927 and 3938 of the Political Code as enacted in 1919, with the high-tide line of the Pacific Ocean; thence
northerly along said boundary line the following courses and distances: North 33° 00' 00" East to Station 1. (Los
Angeles-Orange County); thence North 57° 10' 40" East 8238.78 feet; thence North 2° 48' 35" West 2207.94 feet;
thence North 16° 46' 45" West 1444.82 feet; thence North 27° 12' 00" West 2106.10 feet; thence North 31° 22'
50" West 1296.25 feet; thence North 27° 55' 55" East 8375.40 feet; thence North 11° 36' 55" East 2241.41 feet;
thence North 39º 48' 20" East 5650.97 feet; thence North 59º 07' 40" East 3391.48 feet; thence North 0° 11' 50"
West 4330.76 feet; thence North 44° 34' 00" East 1873.54 feet; thence North 0° 11' 10" West 3996.39 feet; thence
North 89º 37’ 10” East 1320.92 feet; thence North 0º 23’ 25” West 1318.92 feet; then North 89º 34’ 55” East 1320.00
feet; thence North 0º 25’ 25” West 1341.64 feet; thence North 89º 21’ 35” East 1303.75 feet; thence North 0º 47’ 15”
West 1850.84 feet; thence North 89º 35’ 45” East 1320.65 feet; thence North 0º 23’ 45” West 1316.40 feet; thence
North 89º 26’ 40” East 1318.50 feet; thence North 1º 04’ 00” West 1323.56 feet; thence North 89º 39’ 30” East 2706.72
feet; thence North 0º 26’ 30” West 2642.38 feet; thence North 89º 35’ 50” East 5282.00 feet; thence North 0º 34’ 20”
West 2700.56 feet; thence North 89º 36’ 50” East 2639.57 feet; thence North 0º 33’ 05” West 2640.34 feet; thence
North 89º 37’ 10” East 2674.26 feet; thence North 0º 31’ 50” West 2639.37 feet; thence North 89º 35’ 50” East 2665.05
feet; thence North 0º 33’ 05” West 2637.57 feet; thence North 89º 37’ 10” East 2671.99 feet to the Southwest corner of
Section 18, Township 3 South, Range 10 West, San Bernardino Base and Meridian; thence northerly along the West
line of said Section 18 one-quarter mile to the Northwest corner of the Southwest one-quarter of the Southwest one-
quarter of said Section 18; thence leaving said boundary line between Los Angeles and Orange Counties and following
the exterior boundary of the City of Fullerton the following courses and distances: easterly 8,145 feet along the North
line of the South one-half of the South one-half of said Section 18 and Section 17, Township 3 South, Range 10 West,
San Bernardino Base and Meridian; thence North 26º 00’ 00” West 170.00 feet, North 46º 59’ 35” East 824.88 feet;
North 81º 59’ 42” East 36.26 feet, more or less, to its intersection with the curved centerline of Euclid Avenue (formerly
Nicolas Avenue), 60 feet wide, said curve being concave northeasterly and having a radius of 1,200 feet, a radial to said
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point of intersection bears South 63º 08’ 55” West; thence through a central angle of 10º 48’ 38” northwesterly along
said curved centerline 226.42 feet, a radial to said point bears South 73º 57’ 33” West; thence North 83º 12’ 00” East
377.39 feet; South 27º 22’ 00” East 178.44 feet; South 35º 46’ 00” East 181.17 feet; North 81º 07’ 38” East 205.29
feet; North 24º 30’ 00” East 198.00 feet; North 84º 45’ 00” East 300.00 feet; South 80º 35’ 00” East 61.10 feet;
South 56º 45’ 00” East 45.00 feet; South 81º 28’ 00” East 288.00 feet; South 64º 50’ 00” East 254.00 feet; North
81º 02’ 27”
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East 169.92 feet to its intersection with the westerly line of Section 16 Township 3 South, Range 10
West, San Bernardino Base and Meridian; thence North 0º 53’ 33” East 541.42 feet; North 0º 52’ 52” East
1320.36 feet; South 89º 07’ 33” East 2641.10 feet; North 0º 51’ 35” East 373.17 feet; South 89º 10’ 28” East
51.52 feet to a point in the centerline of Harbor Boulevard, being a curve concave northeasterly and having a
radius of 1700.00 feet, a radial through said point bearing South 76º 42’ 39” West; thence along said centerline
through a central angle of 17º 43’ 34” southeasterly an arc distance of 525.94 feet; thence tangent to said curve,
continuing along said centerline, South 31º 00’ 55” East 125.32 feet to the beginning of a tangent curve concave
southwesterly and having a radius of 1500.00 feet; thence along said curve through a central angle of 21º
25’ 00” southeasterly an arc distance of 560.69 feet; thence continuing along said centerline South
9º 37’ 55” West 25.00 feet; North 20º 34’ 25” East 597.16 feet; North 1º 35” East 696.84 feet; thence
westerly 800 feet, more or less, to the Northwest corner of the South one-half of the North one-half
of the Northeast one-quarter of Section 16, Township 3 South, Range 10 West, San Bernardino Base
and Meridian; thence northerly 660 feet, more or less, along the centerline of Harbor Boulevard
(formerly North Fullerton Road) to the Northwest corner of the Northeast one-quarter of said Section
16, said point also being the Southwest corner of the Southeast one-quarter of Section 9, Township
3 South, Range 10 West, San Bernardino Base and Meridian; thence continuing along the West line
of said Southeast one-quarter of Section 9, northerly 1320.65 feet, more or less, to the Northwest
corner of the Southwest one-quarter of said Southeast one-quarter of Section 9; thence along the
North line of said Southwest one-quarter of the Southeast one-quarter of Section 9, easterly 1320
feet, more or less, to the Northeast corner of said Southwest one-quarter of the Southeast one-
quarter of Section 9; thence along the West line of the Northeast one-quarter of said Southeast one-
quarter of Section 9, northerly 1320 feet, more or less, to the Northwest corner of said Northeast one-
quarter of the Southeast one-quarter of Section 9; thence along the northerly line of said Southeast
one-quarter of Section 9, easterly 1320.58 feet, more or less to the Northeast corner of said
Southeast one-quarter of Section 9; thence along the East line of said Section 9, southerly 1320
feet, more or less to the Northeast corner of the Southeast one-quarter of the Southeast one-quarter
of said Section 9; thence along the North line of the West one-half of the Southwest one-quarter of
the Southwest one-quarter of Section 10, Township 3 South, Range 10 West, San Bernardino Base
and Meridian, easterly 660 feet, more or less, to the Northeast corner thereof; thence along the East
line of said West one-half of the Southwest one-quarter of the Southwest one-quarter of Section 10
and the southerly prolongation thereof, southerly 1350 feet, more or less, to a point on the southerly
right-of- way line of Imperial Highway, 60 feet wide; thence along said southerly right-of- way line,
South 88º 28’ 00” East 1980.00 feet, more or less, to a point 30 feet South of the Southeast corner
of the Southwest one-quarter of said Section 10; thence along East line of the West one-half of
Section 15, Township 3 South, Range 10 West, San Bernardino Base and Meridian, southerly 3,300
feet, more or less, to the Northwest corner of the South one-half of the Northwest one-quarter of the
Southeast one-quarter of said Section 15; thence South 89º 34’ 57” East 728.35 feet, more or less;
thence South 0º 25’ 03” West 180.57 feet; South 89º 34’ 57” East 30.00 feet; South 0º 25’ 03”West
120.00 feet; South 60º 12’ 37” East 67.88 feet; South 40º 51’ 51” East 212. 76 feet; South 46º 41’ 14”
East 100.44 feet; South 56º 28’ 22” East 68.42 feet; South 64º 23’ 55” East 68.42 feet; South 72º 19’
28” East 68.42 feet; South 80º 34’ 05” East 68.39 feet; South 89º 56’ 00” East 24.82 feet to the
Southeast corner of the Northwest one-quarter of the Southeast one-quarter of said Section 15;
thence along the South line of the North one-halves of the Southeast one-quarter of Section 15 and
the Southwest one-quarter of Section 14, Township 3 South, Range 10 West, San Bernardino Base
and Meridian, easterly 1721.49 feet, more or less, to its intersection with the centerline of Bea
Boulevard; thence North 25º 43’ 30” East 222.61 feet; South 64º 16’ 30” East 467.50 feet; thence
South 62º 16’ 30” East 262.50 feet; North 25º 43’ 30” East 125.00 feet to the South line of the North
one-half of the Southwest one-quarter of Section 14; thence along the South line of the North one-
half of the South one-half of said Section 14 easterly 3,990.09 feet, more or less, to the Southwest
corner of the North one-half of the Southwest one-quarter of Section 13, Township 3 South, Range
10 West, San Bernardino Base and Meridian; thence North 2º 06’ 03” East 433.30 feet; South 53º 03’
50” East 717.75 feet to a point on the South line of the North one- half of the Southwest one-quarter
of said Section 13; thence along said South line easterly 713.66 feet, more or less; thence North 27º
25’ 41” West 253.30 feet; North 16º 25’ 08” East 958.97 feet; South 37º 05’ 52” West 1068.97 feet;
North 37º 31’ 46” West 869.87 feet, more or less, North 25º 43’ 30” East 341.53 feet, more or less, to
a point in the North line of the Southwest one-quarter of said Section 13; thence along said North
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line North 89º 37’ 33” East 1332.13 feet to a point in the South line of Imperial Highway, 100 feet
wide, said point being on a nontangent curve concave northerly and having a radius of 3050.00 feet,
a radial to said point bears South 8º 02’ 34” West; thence easterly along said curve, through a
central angle of 8º 02’ 34” an arc distance of 428.14 feet; thence continuing along said South line of
Imperial Highway North 89º 37’ 33” East 502.65 feet; North 89º 27’ 13” East 1319.29 feet to the East
line of the Northwest one-quarter of the Southeast one-quarter of said Section 13; thence along said
East line South 1290 feet to the Northeast corner of the Southwest one-quarter of the Southeast one-
quarter of said Section 13; thence easterly one mile to the Northeast corner of the Southwest one-
quarter of the Southeast one-quarter of Section 18, Township 3 South, Range 9 West, San
Bernardino Base and Meridian; thence South one-quarter mile to the Southeast corner of said
Southwest one-quarter of the Southeast one-quarter; thence East one-eighth mile to the southwest
corner of the East one-half of the Southeast one-quarter of the Southeast one-quarter of said
Section Eighteen (18); thence North one-quarter mile to the Northwest corner of said East one-half;
thence East one-eighth mile to the Northeast corner of said East one-half; thence South one-eighth
mile to the Northwest corner of the South one-half of the South one-half of the South one-half of
fractional Section Seventeen (17), Township Three (3) South, Range 9 West, San Bernardino Base
and Meridian; thence East along the North line of the said South one-half of the South one-half of
the South one-half of said fractional Section Seventeen (17) to the East line of the Rancho San Juan
Cajon de Santa Ana; thence northerly along the said East Rancho line to the Northwest corner of
Block One (1) of Yorba Linda Tract as per map recorded in Book 5, pages 17 and 18 of
Miscellaneous Maps, Records of Orange County, California; thence easterly along the northerly
boundary of said Yorba Linda Tract to the Northeast corner of Lot One (1) in Block Two (2) of said
tract; thence southerly along the East line of said Block 2 to an intersection with the westerly
prolongation of the North line of Block 25, as shown on a map of Carlton, recorded in Book 29, pages
9 and 10, Miscellaneous Records of Los Angeles County, California, said intersection being on the
southerly line of Wabash Avenue as shown on said map of Carlton; thence easterly along the
southerly line of said Wabash Avenue to an intersection with the westerly line of First Street, 60 feet
in width as now laid out; thence southerly along the westerly line of said First Street to an
intersection with the westerly prolongation of the northerly line of Block 6 of said Yorba Linda Tract;
thence easterly along said westerly prolongation and along the northerly line of Blocks 6 and 7 of
said Yorba Linda Tract to the Northeast corner of said Block 7; thence southerly, easterly, southerly
and easterly along the exterior boundary lines of said Yorba Linda Tract; thence southerly along the
easterly line of said Block 8 and its southerly prolongation to the South line of Yorba Linda
Boulevard, 60 feet wide as now laid out; thence easterly along the easterly prolongation of said
southerly line of Yorba Linda Boulevard to an intersection with the East line of the M. Yorba
allotment of second class land, as shown on a map showing the subdivision of the Rancho Canon de
Santa Ana, by order of the Seventeenth Judicial District; thence North 01º 29’ 51” West, 30.00 feet,
more or less, to a point in the centerline of Yorba Linda Boulevard, extended easterly; thence North
89º 25’ 00” West along said extended centerline a distance of 338. 07 feet; thence North 00º 04’ 28”
East, 2681-55
2
feet; thence North 89º 59’ 42” East, 1795. 99 feet; thence running North 89º 23’ 16”
East, 386.73 feet along the northerly line of the Rancho Canon de Santa Ana to a point on a curve
concave westerly and having a radius of 1200.00 feet; thence northerly along said curve through a
central angle of 39º 17’ 20” an arc distance of 822. 87 feet to its intersection with the West line of the
Northwest one-quarter of Section 24 Township 3 South, Range 9 West, S.B.B. & M.; thence North 0º
15’ 09” West, 154.38 feet along the West line of said Northwest one-quarter of Section 24 to the
southerly line of that certain 50. 00 feet right-of-way conveyed to the Metropolitan Water District of
Southern California, by Deed recorded July 11, 1960, in Book 5321, page 448; thence continuing
along said West line of the Northwest one-quarter of Section 24, North 0º 41’ 30” East 1810.75 feet
to the Northwest corner of said Section 24 as shown on a map recorded in Book 97, Pages 1 & 2,
Record of Surveys, records of said Orange County, California; thence along the northerly line of said
Section 24, South 89º 53’ 28” East 2658.08 feet to the Northeast corner of the Northwest one-
Quarter of said Section 24; thence along said northerly line of said Section 24, South 89º 03’ 19”
East 2661.15 feet to the Northwest corner of Annexation No. 75-2 to the City of Yorba Linda; thence
following the boundary of said Annexation No. 75-2 to the City of Yorba Linda, the following courses
and distances: South 87º 20’ 11” East 1877.10 feet to the easterly boundary line of the land known
as the Dominguez Ranch; thence along said easterly boundary of the Dominguez Ranch, South 01º
38’ 23” East 7827.18 feet to a point in a line running northeasterly from a point 2800 feet northerly of
the centerline of the Atchison, Topeka and Santa Fe Railway Company’ s main track as measured
along the East line of the allotment of second class lands to V. Yorba in the partition of the Rancho
Canon de Santa Ana to a point 2400 feet northerly of said A.T. and S.F. Railway Company’s main
track centerline as measures along the East line of the allotment of second class lands to W. McKee
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in said partition of said Rancho Canon de Santa Ana; thence easterly along said line to a point in the
East line of the allotment of second class land to W. McKee in partition of said Rancho Canon de
Santa Ana, said point being 2400 feet northerly measured along said East line of allotment to W.
McKee, from its intersection with the centerline of the Atchison, Topeka and Santa Fe Railway
Company’s main track; thence southerly along the said East line of allotment to W. McKee to its
intersection with the southerly line of that certain right-of- way of A.T. & S.F. railroad described in a
quitclaim of the Anaheim Union Water Company, recorded in Book 193, page 114, Deeds of Orange
County; thence along said southerly right-of- way line, North 71º 26’ 00” East, 879.86 feet, more or
less to the most westerly point of the 50 foot wide strip of land recorded in Book 1283, page 447,
O.R.; thence South 18º 34’ 00” East, 50.00 feet; thence along the southerly line of the parcel of land
described in said Book 1283, page 447, Official Records, North 71º 26’ 00” East, 566.64 feet, more
or less, parallel with the centerline of said A.T. & S.F. railroad, to a tangent curve concave
northwesterly and having a radius of 3681.1 feet; thence northeasterly along said curve, as
described in Parcel 1 in Book 193, page 114, of Deeds and Book 1283, page 447, O.R., and being
100 feet southeasterly and parallel to said railroad centerline, 1313.7 feet, more or less, to a point in
the boundary line between the lands of Anaheim Union Water Company and F.H. Bixby, as described
in said Deed; thence along said boundary line South 0º 25’ 56” East, 450 feet, more or less, to a
point in the northerly lines of Lot 4, Tract 865, recorded in Book 28, page 18, M.M., Records of
Orange County; thence following the boundary of said Tract 865 the following courses and distances;
North 60º 56’ 00” East, 448.29 feet; thence North 85º 19’ 00” East, 2139. 20 feet; thence South 38º
30’ 00” East, 860.00 feet; thence South 62º 52’ 00” West, 1057.58 feet; thence South 27º 08’ 00”
East, 1188.00 feet; thence North 62º 52’ 00” East, 1201.25 feet; thence South 14º 27’ 00” East,
491.55 feet; thence South 27º 34’ 00” East, 852.60 feet; thence South 53º 04’ 00” East, 1025.00 feet;
thence South 82º 04’ 00” East, 310.00 feet to the most easterly corner of Tract 865; thence along the
southeasterly line of Lots 1 and 2 of said Tract, South 62º 52’ 30” West, 371.24 feet to a point of
intersection with the centerline of the 100.00 foot right-of- way of Santa Ana Canyon Road as that
centerline is shown on Plan No. 9054 of Santa Ana Canyon Road right-of- way map Route 91, Orange
County Road Department Maps, that point of intersection being a point on a curve concave
southwesterly and having a radius of 2,000 feet; thence southeasterly along the arc of that curve,
through a central angle of 7º 07’ 19”, 248.60 feet; thence tangent to that curve South 53º 06’ 53”
East 35.55 feet; thence North 83º 20’ 35” East, 132. 16 feet to a point of the northeasterly right-of-
way line of the Santa Ana Canyon Road as shown on Map No. 9054; thence southeasterly along that
northeasterly right-of- way line as shown on that Map No. 9054, South 51º 59’ 18” East, 115.20 feet
to the beginning of a tangent curve, concave northeasterly and have a radius of 1, 436 feet, thence
along the arc of that curve through a central angle of 30º 24’ 00” 76.91 feet; thence tangent to that
curve, south 82º 23’ 18” East, 700.56 feet; thence North 7º 36’ 42” East, 5.00 feet; thence South 82º
23’ 18” East, 470.55 feet to the northeasterly line of the Wallace Ranch Annexation and Oak Hill
Ranch Annexation to the City of Anaheim; thence southeasterly along that northeasterly line of the
Wallace Ranch Annexation and Oak Hills Ranch Annexation, South 27º 08’ 00” East, 2805.27 feet to
a point on the northwesterly line of the allotments to Benjamin and Thomas Flint and Lewellyn Bixby
in partition of the Rancho Santiago De Santa Ana; thence south 35º 10’ 00” West along that last
mentioned line, 16023.12 feet to a point, being the Northeast corner of the land described in deed to
Santiago Farmers Association recorded in Book 98, page 544 of Deeds, Records of Los Angeles
County, California; thence westerly along the northerly boundary line of said land 5750.76 feet to a
point in the westerly line of Section Eighteen (18), Township Four (4) South, Range Eight (8) West,
San Bernardino Base and Meridian, said point also being the Northwest corner of said land described
in Book 98, page 544 of Deeds, Records of Los Angeles County, California; thence southerly along
the westerly line of said Section Eighteen (18), 1, 865. 34 feet to a point, said point being northerly
571.90 feet from the Southwest corner of said Section Eighteen (18); thence North 48º 05’ 20” West
754.60 feet; thence North 56º 27’ 50” West, 414.94 feet to a point distant South 52º 44’ 00” West,
230.49 feet from the easterly corner of the parcel indicted “Reservoir No. 2” on map of record of
surveys filed in Book 8, page 3 of Record of Surveys in the office of the County Recorder of Orange
County, California; thence North 52º 44’ 00” East, 230. 49 feet to the most easterly corner of said
“Reservoir No. 2”; thence North 42º 18’ 00” West, 155. 61 feet; thence South 50º 25’ 00” West,
267.27 feet; thence North 56º 27’ 50” West, 788.89 feet; thence North 51º 38’ 50” West, 768. 86 feet;
thence North 74º 58’ 40” West, 630.33 feet; thence South 49º 25’ 20” West, 608. 63 feet to an angle
point in the boundary line of the land described in the deed to Graham Brothers, Incorporated,
recorded January 29, 1938, in Book 923, page 248 of Official Records of Orange County, California,
said angle point being at the northeasterly end of a course described in said deed as “South 40º 51’
30” West, 43.66 feet”; thence from said angle point South 40º 51’ 30” West, 43.66 feet to a point,
said point being the most northerly corner of the Carpenter Irrigation District as described in Book
Orange County Water District Act
11
74, page 223 of Official Records of Orange County, California, said point also being North 86º 03’
10” East more or less and 719.62 feet more or less from station 27 as said station is shown on a map
of record of surveys filed in Book 3, page 54 of Record of Surveys in the office of the County
Recorder of Orange County, California; thence southeasterly, southerly and easterly following the
boundary line of said Carpenter Irrigation District to the easterly terminus of that certain course
described as “North 85º 29’ East 472.55 feet” in the Carpenter Irrigation District boundary; thence
along the northerly boundaries of Tract No. 7560 as per map recorded in Book 253, pages 24 to 27,
inclusive, Miscellaneous Maps, and Tract No. 8306, as per map recorded in Book 359, pages 35 and
36, Miscellaneous Maps, records of said Orange County, North 85º 30’ 02” East 1103.03 feet to the
most northerly corner of said Tract No. 8306; thence following along the exterior boundary of said
Tract No. 8306, the following courses and distances: South 17º 42’ 09” East 151. 53 feet to the
beginning of a curve concave southerly having a radius of 235.00 feet; thence easterly along said
curve 20.79 feet through a central angle of 50º 04’ 10” to the beginning of a curve concave northerly
having a radius of 195.00 feet; thence easterly along said curve 40.05 feet through a central angle of
11º 46’ 08” thence South 17º 42’ 09” East 60.03 feet to the beginning of curve concave northerly
having a radius of 255.00 feet; thence westerly along said curve 54.42 feet through a central angle
of 12º 13’ 39” to the beginning of a curve concave southeasterly having a radius of 175. 00 feet;
thence southwesterly along said curve 195.48 feet through a central angle of 64º 00’ 00”; thence
South 22º 00’ 54” West 116.05 feet to the beginning of a curve concave northwesterly having a
radius of 530.00 feet; thence southwesterly along said curve 166.34 feet through a central angle of
17º 58’ 56”; thence South 39º 59’ 50” West 84.66 feet to a point in the North line of Tract 944 as per
map recorded in Book 29, page 41, of Miscellaneous Maps, Records of Orange County, California;
thence easterly, southerly and westerly following the northerly, easterly and southerly boundaries of
said Tract 944 to a point South 89º 55’ 45” East 350.00 feet of the Southwest corner of Lot 7 of Tract
944; thence South 42º 00’ 00” East, 320.00 feet; thence South 74º 00’ 00” East, 300.00 feet; thence
South 35º 00’ 00” East, 365.00 feet; thence South 12º 00’ 00” East, 440.00 feet; thence South 340. 00
feet; thence South 13º 00’ 00” West, 385.00 feet; thence South 22º 00’ 00” West, 370.00 feet; thence
South 14º 00’ 00” West, 280.00 feet; thence South 9º 00’ East, 102.66 feet to a point in the northerly
line of Amapola Avenue (60 feet wide) as conveyed to the County of Orange by Deed recorded in
Book 644, page 374, Official Records of said County of Orange, said point being on a nontangent
curve concave southerly and having a radius of 280.00 feet, a radial bears North 17º 26’ 53” West to
said point; thence westerly along said northerly l ine through a central angle of 39º 25’ 07” an arc
distance of 192.64 feet; thence South 33º 08’ 00” West, 179.31 feet to a tangent curve concave
northerly and having a radius of 220.00 feet; thence southwesterly along said curve through a central
angle of 56º 52’ 00” an arc distance of 218.35 feet; thence West 17.03 feet to a point on the exterior
boundary of Tract 931 as per map recorded in Book 29, page 27 of Miscellaneous Maps, Records of
Orange County, California; thence southerly following the easterly boundary of said Tract 931, to the
Southeast corner of Lot Five (5) of said Tract 931; thence South 89º 59’ 40” East 1335.78 feet to the
centerline of Santiago Canyon Road (Old County Park Road) 60 feet wide, as conveyed to Orange
County by Deed recorded July 24, 1929, in Book 303, page 1 of Official Records of Orange County,
California; thence South 89º 59’ 06” East 302.13 feet; thence South 0 00’ 54” West 148. 72 feet;
thence North 89º 59’ 06” West 282.76 feet to a point in said Santiago Canyon Road centerline, said
point being on a nontangent curve concave northeasterly with a radius of 1000.00 feet, a radial line
through said point bears South 80º 40’ 23” West; thence southeasterly along said curve 229.72 feet
through a central angle of 13º 09’ 43”; thence leaving said curve South 22º 29’ 20” East, 396.01 feet;
thence leaving said centerline, South 35º 33’ 00” West, 2010.01 feet to a point on the centerline of
County Park Road; said point being also in the northwesterly boundary of Irvine’s Subdivision of
Ranchos San Joaquin and Lomas de Santiago and Flint and Bixby’s allotment in Rancho Santiago de
Santa Ana as per map recorded in Book 1, page 88 of Miscellaneous Maps, Records of Orange
County, California; thence southwesterly along said last mentioned boundary of said Irvine’s
Subdivision to a point on said boundary line and located southwesterly a distance of one and one-
half miles from the westerly corner of Block Twenty (20) of said Irvine’s Subdivision; thence within
said Irvine’s Subdivision southeasterly to the most easterly corner of the northerly one-quarter of the
westerly one-quarter of Block Sixteen (16) of said Irvine’s Subdivision; thence southwesterly along
the southeasterly line of said northerly one-quarter of the westerly one-quarter of said Block Sixteen
(16) to the most southerly corner thereof; thence southeasterly along the northeasterly line of the
southwesterly one-half of the southwesterly one-half of said Block Sixteen (16) to the southeasterly
line of said block; thence southwesterly to the most southerly corner of said Block Sixteen (16);
thence southeasterly along the northeasterly line of Block Forty-one (41) a distance of one-quarter
mile; thence southwesterly one and one-half miles to the southerly corner of the northwesterly one-
half of the northerly one-quarter of Block Forty-two (42); thence southeasterly one-half mile to the
Orange County Water District Act
12
westerly corner of the southerly one-quarter of the easterly one-quarter of said Block Forty-two (42);
thence northeasterly one-quarter mile to the northerly corner of said southerly one-quarter of the
easterly one-quarter of said Block Forty-two (42); thence southeasterly three-fourths of a mile to the
easterly corner of the southwesterly one-half of the northerly one-quarter of Block Sixty-six (66);
thence southwesterly one-half mile to the northerly corner of the southwesterly one-half of the
southerly one-quarter of said Block Sixty-six (66); thence southeasterly one-half mile to the easterly
corner of said southwesterly one-half of the southerly one-quarter of said Block Sixty-six (66); thence
southwesterly one-quarter mile to the southerly corner of said Block Sixty-six (66); thence
southeasterly two miles to the easterly corner of Block One Hundred Six (106); thence southwesterly
one-half mile to the southerly corner of the easterly one-quarter of said Block One Hundred Six
(106); thence southeasterly one and one- quarter mile to the westerly corner of southeasterly one-half
of the northerly one-quarter of Block One Hundred Forty-two (142); thence northeasterly three-
fourths mile to the northerly corner of the southerly one-quarter of the westerly one-quarter of Block
One Hundred Forty-three (143); thence southeasterly one-quarter mile to the easterly corner of said
southerly one-quarter of the westerly one-quarter of Block One Hundred Forty-three (143); thence
southwesterly one-quarter mile to the southerly corner of said southerly one-quarter of westerly one-
quarter of Block One Hundred Forty-three (143); thence southeasterly one-quarter mile to the
easterly corner of the northwesterly one-half of the easterly one-quarter of said Block One Hundred
Forty-two (142); thence southwesterly one-half mile to the southerly corner of said northwesterly one-
half of the easterly one-quarter of Block One Hundred Forty-two (142); thence southeasterly one-
quarter mile to the easterly corner of the southerly one-quarter of said Block One Hundred Forty- two
(142); thence southwesterly one mile to the southerly corner of the easterly one-quarter of Block
One Hundred Forty-one (141); thence southeasterly one-half mile to the center of Block One
Hundred Fifty-four (154); thence southwesterly three miles to the center of Block One Hundred Fifty-
seven (157); thence northwesterly one-half mile to the westerly corner of the northerly one-quarter of
said Block One Hundred Fifty-seven (157); thence northeasterly one-quarter mile to the southerly
corner of the easterly one-quarter of the easterly one-quarter of Block One Hundred Thirty-eight
(138); thence northwesterly one-quarter mile to the westerly corner of said easterly one-quarter of
the easterly one-quarter of Block One Hundred Thirty-eight (138); thence southwesterly one-half mile
to the southerly corner of the northerly one-quarter of the southerly one-quarter of said Block One
Hundred Thirty-eight (138); thence northwesterly one- half mile to the westerly corner of the easterly
one-quarter of the westerly one-quarter of said Block One Hundred Thirty-eight (138); thence
northeasterly one-eighth mile to the southerly corner of the northeasterly one- half of the northerly one-
quarter of the westerly one-quarter of said Block One Hundred Thirty-eight (138); thence
northwesterly one-half mile to the westerly corner of the northeasterly one-half of the easterly one-
quarter of the southerly one-quarter of Block One Hundred Twenty-four (124); thence southwesterly
three-eighths mile to the southerly corner of the northwesterly one-half of the said southerly one-
quarter of Block One Hundred Twenty-four (124); thence northwesterly three-fourths mile to the
southerly corner of Block 102; thence southwesterly three and three-fourths miles to the easterly
corner of the southwesterly one-half of the southwesterly one-half of Block 98; thence northwesterly
along the northeasterly line of the southwesterly one- half of the southwesterly one-half of Block 98,
91, and 57, to the center line of MacArthur Boulevard; thence westerly along said northeasterly line
to an intersection with that certain easterly boundary line of the City of Newport Beach as
established by Ordinance No. 840, approved by the City Council of Newport Beach on January 13,
1958; thence in a general southerly direction along said easterly boundary line as established by
said Ordinance No. 840 and by Resolution No. 7245, approved by the City Council of Newport Beach
on July 27, 1970; by Resolution No. 6753, approved by the City Council of Newport Beach on April
22, 1968; by Resolution No. 7311, approved by the City Council of Newport Beach on November 23,
1970; by Resolution No. 8505, approved by the City Council of Newport Beach on June 9, 1975; by
said Resolution No. 7311; by Resolution No. 7377, approved by the City Council of Newport Beach
on February 22, 1971; by Resolution No. 6203, approved by the City Council of Newport Beach on
August 9, 1965; by Ordinance No. 896, approved by the City Council of Newport Beach on August
18, 1959; by Ordinance No. 585, approved by the City Council of Newport Beach on December 13,
1948; by Ordinance No. 897, approved by the City Council of Newport Beach on September 28,
1959; by Resolution No. 9208, approved by the City Council of Newport Beach on October 25, 1977 ;
by said Ordinance No. 897; by Resolution No. 7024, approved by the City Council of Newport Beach
on July 14, 1969; by Ordinance No. 843, approved by the City Council of Newport Beach on April 14,
1958; and to the southerly corner of the City of Newport Beach as established by Resolution No.
7243, approved by the City of Newport Beach on July 27, 1970; thence in a general northwesterly
direction along the southwesterly boundary line of the City of Newport Beach parallel with the line of
ordinary high-tide of the Pacific Ocean and three miles therefrom to the most westerly corner of the
Orange County Water District Act
13
City of Newport Beach; thence continuing in a general northwesterly direction along a line parallel
with said line of ordinary high-tide being three miles westerly therefrom to a point on the
southwesterly extension of the northwesterly line of Rancho La Bolsa Chica, as shown on licensed
surveyor’s map filed in Book 3, Page 45 of Records of Survey in the Office of the County Recorder of
Orange County, California; thence northeasterly along the said extension of the northwesterly line of
said Rancho La Bolsa Chica to the line of ordinary high-tide of the Pacific Ocean; thence
northwesterly along said ordinary high-tide of the Pacific Ocean to the point of beginning.
Except that portion of certain unincorporated lands and those lands lying within the City of Newport
Beach, County of Orange, State of California, commonly known as the “Bayview” area and more
particularly described as follows:
BEGINNING at the intersection of the centerline of Bristol Street (formerly Palisades Road), with the northwesterly
boundary of the City of Newport Beach as established by Ordinance No. 837, approved by the City Council of Newport
Beach on October 28, 1957; thence leaving said centerline of Bristol Street and southwesterly along said northwesterly
boundary line, and northwesterly along the northeasterly boundary line of the City of Newport Beach as established by
Ordinance No. 748, approved by the City Council of Newport Beach on April 25, 1955, to an intersection with the
southeasterly boundary of the northwesterly one-half of the northwesterly one-half of Block Fifty-one (51) of said Irvine’s
subdivision; thence northeasterly along said southeasterly boundary to the easterly corner of the northwesterly one-half
of the northerly one-quarter of said Block Fifty-one (51); thence southeasterly along the centerline of said Bristol Street
to the POINT OF BEGINNING.
(b)
The district is hereby divided into 10 divisions which shall be numbered first, second,
third, fourth, fifth, sixth, seventh, eighth, ninth and tenth, and one director shall be
elected or appointed as hereinafter provided from each division.
(c)
The boundaries of the first, second, third, fourth, fifth, sixth and seventh divisions are
established pursuant to Section 1.2.
(d)
The boundaries of the eighth, ninth and tenth divisions are as follows:
(1)
Eighth Division: Division No. 8 shall comprise all that area included within
the exterior boundary of the Orange County Water District, that is located
within the boundaries of the municipal corporation known as the City of
Santa Ana as it existed at 12 noon, March 6, 1953, or as it may hereafter
exist.
(2)
Ninth Division: Division No. 9 shall comprise all that area included within the
exterior boundary of the Orange County Water District that is located within
the boundaries of the municipal corporation known as the City of Anaheim
as it existed at 12 o’clock noon, March 6, 1953, or as it may hereafter exist.
(3)
Tenth Division: Division No. 10 shall comprise all that area included within
the exterior boundary of the Orange County Water District that is located
within the boundaries of the municipal corporation known as the City of
Fullerton as it existed at 12 o’clock noon, March 6, 1953, or as it may
hereafter exist.
(e)
Annexations to or enlargements of municipal corporations which constitute
Divisions 8, 9 and 10 shall become part of the division which said municipal
corporation constitutes without further act of said district; provided, however, that
if said annexations or enlargements include land which is not already a part of
Orange County Water District Act
14
said district, such land may be included within said district and said division only
by inclusion proceedings as provided in this act.
(f)
This section shall become operative upon the receipt by the Secretary of State of
the notice specified in Section 1, as set forth in the act that added this section.
1
So in enrolled bill
2
So in enrolled bill
Section 1.1 Repealed by Stats. 1953, c. 770, p. 2050, § 2.5
Section 1.2 Boundaries; adjustment
(a.)
The board of directors shall, by resolution, adjust the boundaries of the
first, second, third, fourth, fifth, sixth, and seventh divisions pursuant to
Chapter 8 (commencing with Section 22000) of Division 21 of the
Elections Code.
(b.) The board of directors is not required to adjust the boundaries of the
eighth, ninth, and tenth divisions of the District pursuant to Chapter 8
(commencing with Section 22000) of the Elections Code.
Section 1.3 Repealed by Stats. 1953, c. 770, § 2.5
Section 1.4 Repealed by Stats. 1998, c. 435 (A.B.2543), § 21
Section 1.5 Repealed by Stats. 1953, c. 770, p. 2050, § 2.5
Section 1.6 Repealed by Stats. 1998, c. 435 (A.B.2543), § 22
Section 2 District powers
The "Orange County Water District" shall have the following powers:
1. To have perpetual succession.
2. To sue and be sued, except as otherwise provided herein or by law, in all
actions and proceedings in all courts and tribunals.
3. To adopt a seal and alter it at pleasure.
4. To take by grant, purchase, gift, devise, or lease, to hold, use and enjoy,
and to lease, convey, or dispose of, real and personal property of every
kind, within or without the district, necessary or convenient to the full
exercise of its powers.
5. Within or outside of the district to construct, purchase, lease, or otherwise
acquire, and to operate and maintain necessary waterworks and other works,
machinery, facilities, canals, conduits, waters, water rights, spreading
grounds, lands, rights and privileges useful or necessary to replenish the
Orange County Water District Act
15
underground water basin within the district, or to augment and protect the
quality of the common water supplies of the district, and purposes incidental
thereto.
6. For the common benefit of the district and for the purpose of managing the
groundwater basin and managing, replenishing, regulating, and protecting the
groundwater supplies within the district to exercise the following powers:
(a.)
Provide for the conjunctive use of groundwater and surface
water resources within the district area.
(b.)
Store water in underground water basins or reservoirs within or
outside of the district.
(c.) Regulate and control the storage of water and the use of groundwater
basin storage space in the groundwater basin within the district and
pursuant to the provisions set forth in Section 2.1 to (1) determine the
amount of storage space available in the groundwater basin within the
district, (2) allocate that available groundwater storage space, and (3)
enter into groundwater storage agreements, provided that the district
shall have no authority under the provisions of this section, except the
provisions of paragraph (I) of this subdivision, to limit the extraction of
groundwater within the district, except to the extent that a party may
agree thereto under any such groundwater storage or other
agreement.
(d.)
Appropriate and acquire water and water rights within or outside
of the district.
(e.)
Purchase and import water into the district.
(f.)
Conserve and reclaim water within or outside of the district.
(g.)
Buy and sell water at such rates as shall be determined by the
board of directors.
(h.)
Exchange water.
(i.) Distribute water to persons in exchange for ceasing or
reducing groundwater extractions.
(j.) Transport, reclaim, purify, treat, inject, extract, or otherwise manage
and control water for the beneficial use of persons or property within
the district and to improve and protect the quality of the groundwater
supplies within the district.
(k.) Fix the terms and conditions of any contract under which owners or
Orange County Water District Act
16
operators of water-producing facilities within the district may agree to
use water from an alternative nontributary source in lieu of
groundwater, and to that end the district may become a party to such
a contract and may pay from district funds that portion of the cost of
water from an alternate source as will encourage the purchase and
use of the same in lieu of producing groundwater, as long as persons
or property within the district are directly or indirectly benefited
by the resulting replenishment.
(l.)
Fix the terms and conditions of any contract under which the owner
or operator of a water-producing facility within the district may agree
to increase the production of groundwater in lieu of water from an
alternative nontributary source for the purpose of removing
contaminants or pollutants from the groundwater basin. The district
may become a party to that contract and may pay from district funds
that portion of the cost of the groundwater production as will
encourage the production for beneficial use of polluted or
contaminated groundwater, as long as that pollution or contamination
is impairing the quality of the water supplies within the district and the
quality of the water supplies within the district will be improved by that
production.
(m.) Determine in the manner herein provided the amount and percentage
of water produced from the groundwater supplies within the district to
the total amount of water produced within the district by all persons
and operators, including the total amount of water from supplemental
sources; require that persons and operators produce more or less of
their total water needs from the groundwater within the district than
the basin production percentage determined by the district as
provided herein; levy a basin equity assessment, which may be
uniform or nonuniform in amount as determined by the board of
directors of the district, on each person and operator who produces
more water from the groundwater within the district; and to
compensate other persons and operators who are directed by the
district to produce less than the basin production percentage from
groundwater within the district.
7. To provide for the protection and enhancement of the environment within
and outside the district in connection with the water activities of the district.
8. To provide, by agreement with other public agencies or private persons or
entities or otherwise, for the recreational use of the lands, facilities, and
works of the district which shall not interfere, or be inconsistent, with the
primary use and purpose of the lands, facilities, and works by the district.
9. To carry out the purposes of this act, to commence, maintain, intervene in,
defend, and compromise, in the name of the district, or otherwise, and to
Orange County Water District Act
17
assume the costs and expenses of any and all actions and proceedings now
or hereafter begun to prevent interference with water or water rights used
or useful to lands within the district, or diminution of the quantity or pollution
or contamination of the water supply of the district, or to prevent unlawful
exportation of water from the district, or to prevent any interference with the
water or water rights used or useful in the district which may endanger or
damage the inhabitants, lands, or use of water in the district; provided,
however, that the district shall not have power to intervene or take part in, or
to pay costs or expenses of, actions or controversies between the owners of
lands or water rights all of which are entirely within the boundaries of the
district and which do not involve pollution or contamination of water within
the district or exporting water outside of the district's boundaries or any threat
thereof.
10. To exercise the right of eminent domain to take any property necessary to
the exercise of any of the powers granted by this act, except that the district
shall not have the right of eminent domain as to water, water rights,
reservoirs, pipelines, water distributing systems, waterworks, or powerplants,
all or any of which are already devoted to beneficial or public use and
located within the watershed of the Santa Ana River, and excepting further
from the exercise of the right of eminent domain by the district any property
maintained and actually used for the scientific propagation and study of
plantlife. No language or provision of this act, or of this subdivision, shall be
interpreted or construed so as to limit or abridge the right of the district, or
its board of directors, to exercise its right of eminent domain to condemn
property at any place within the Santa Ana River watershed for rights-of-
ways upon and across and under which to construct pipelines, conduits,
tunnels and/or aqueducts necessary or convenient for any of the purposes of
the district provided the property sought to be condemned for the purposes is
not already being used by other corporations, municipalities, districts, or
individuals for similar purposes; providing, however, that neither the district
nor its board of directors shall have power to enter in or upon the Mojave
River or any of its tributaries or appropriate, take, or condemn any of the
water or the right to the use of any of the water of the Mojave River or any
of its tributaries; nor shall anything in this act be deemed as authorizing or
empowering the district or its board of directors to so do.
11. The district shall, in addition to the other powers herein granted by this act,
have the following rights and powers: to act jointly with or cooperate with
the United States or any agency thereof, the State of California or any
agency thereof, any county of the State of California, districts of any kind,
public and private corporations, and any person or persons, to carry out the
provisions and purposes of this act. In those joint or cooperative activities,
the district may act within or outside of its boundaries.
12. To cause assessments and/or charges to be levied as hereinafter provided
to accomplish the purposes of this act.
Orange County Water District Act
18
13. To make contracts, to employ labor and to do all acts necessary for the full
exercise of the foregoing powers.
14. To carry on technical and other investigations of all kinds, necessary to
carry out this act, and for this purpose the district shall have the right of
access through its authorized representative to all properties within the
district.
Section 2.1
Groundwater storage; agreement between entity and district; use
priorities; limitation of parties; waivers of replenishment and
basin equity assessments; allocation considerations; written
findings
(a.)
All groundwater storage by an entity other than the district shall be
conducted pursuant to a groundwater storage agreement between that
entity and the district.
(b.)
Use of the groundwater basin within the district for the purpose of
replenishing and managing the groundwater supplies of the district shall
have priority over the use of the groundwater basin for storage of water.
(c.) The groundwater storage agreement shall be limited to public and private
entities distributing water to consumers for domestic, municipal, industrial,
and agricultural use within their boundaries, which are located wholly or
partially within the district, except that, where the primary benefits accrue to
persons or property within the district, the agreement may include other
public and private entities, including, but not limited to, the Metropolitan
Water District of Southern California and the Department of Water
Resources.
(d.)
The groundwater storage agreement may include provisions that provide for
the waiver of replenishment assessments or basin equity assessments, or
both, on stored water that is extracted pursuant to the agreement.
(e.)
In allocating the use of the groundwater basin storage space, the district
shall consider and protect the quality of the groundwater and the
reasonable water supply needs of the district. The district shall impose
such limitations on the quality of the water to be stored as shall be
necessary to protect the quality of the groundwater in the district.
(f.)
The district shall include written findings supporting its conclusions in its
record of consideration of a proposed groundwater storage agreement.
Orange County Water District Act
19
Section 2.5 Negotiable promissory notes; issuance; interest rate; maturity;
payment; amount
(a.)
The district, by a four-fifths vote of the board of directors, may issue
negotiable promissory notes to acquire funds for any district purpose.
Such promissory notes shall bear interest at a rate not to exceed the
maximum interest rate provided for in Section 53531 of the Government
Code. The maturity of such promissory notes shall not be later than five
years from the date thereof. 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. The total aggregate
amount of such notes outstanding at any one time 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.
(b.)
Notwithstanding any other provision of this act, the district may enter into
agreements with the United States, the state, or any department, agency, or
official of the United States or state, for the grant or loan of funds to the
district for any district purpose, upon those terms and conditions which may
be determined by the board of directors.
Section 3 Exercise of powers
The powers and duties herein enumerated shall, except as herein otherwise provided, be
exercised and performed by the board of directors elected or appointed as provided
herein. "Board" or "board of directors" as used in this act means the Board of Directors
of the Orange County Water District.
Section 4 Board of directors; officers; employees
(a.)
The government of the district shall be vested in the board of directors to
consist of 10 members to be elected or appointed pursuant to this act, and a
president, a first vice president, and a second vice president to be appointed
from the 10 members of the board of directors and to hold office at the
pleasure of the board of directors.
(b.)
The board of directors shall appoint, by a majority vote, a general manager,
a secretary, treasurer, and auditor, and shall define their duties and fix their
compensation. Each of these officers shall serve at the pleasure of the
board. The county assessor and county tax collector of the County of
Orange shall perform the duties of the office of assessor and tax collector
for the district without additional compensation being paid by the district, in
order to carry out the provisions of this act.
(c.) The district may appoint and employ an attorney or attorneys and an
engineer or engineers for the district and other officers and employees for
Orange County Water District Act
20
the district that, in the judgment of the district, may be deemed necessary,
and prescribe their duties and powers and compensation.
Section 4.1 Attorney
The district may employ counsel to defend any action brought against it or against any of
its officers, directors, agents, or employees on account of any claimed action or inaction
involving any claimed injury, taking, damage, or destruction, and in the case of an action
brought against an officer, director, agent, or employee, it is alleged that the action or
inaction was in his or her official capacity, and the fees and expenses involved therein
shall be a lawful charge against the district.
Section 4.2 Payment of judgment against officer, agent or employee
If any officer, director, agent, or employee of the district is held liable for any act or
omission in his or her official capacity, except in the 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, director, agent, or employee.
Section 5 President or vice presidents; general manager or secretary;
execution of contracts; treasurer; administrative rules and
regulations; officers’ bond
(a.)
Except as provided by resolution of the board of directors, the president
shall sign all contracts on behalf of the district, and perform other duties
as may be imposed on him or her by the board of directors or by this act.
In the absence of or inability of the president to serve, the first vice
president shall perform his or her duties. In the absence of or inability of
both the president and the first vice president to serve, the second vice
president shall perform the duties of the president.
(b.)
Except as provided by resolution of the board of directors, the general
manager or secretary shall countersign all contracts on behalf of the
district and perform other duties as may be imposed on him or her by
the board of directors or by this act.
(c.) The treasurer shall be responsible for the deposit and withdrawal of funds
of the district. In the event the board of directors appoints a treasurer other
than the county treasurer as provided in Section 4, the district shall file a
certified copy of the resolution so appointing the treasurer with the county
treasurer. The county treasurer shall thereupon deliver to the district all
funds of the district on deposit with the county treasurer. The funds shall
thereafter be deposited by the district in a bank or banks approved for
deposit of public funds.
Orange County Water District Act
21
(d.)
The board of directors may, by resolution, adopt reasonable rules and
regulations not inconsistent with this act for the administration and
government of the affairs of the district, and alter them from time to time
as conditions may require; they may also appoint appropriate officers or
agents to represent them as directed in administering the affairs of the
district, which officers or agents shall receive the compensation
established by the board from time to time, and serve at the pleasure of
the board. The board may require any of those officers or agents to
furnish bond in the form and amount fixed by it.
Section 6 Directors; quorum; method of acting
A majority of the members of the board shall constitute a quorum for the transaction of
business. The board of directors shall act only by resolution or motion. Resolutions and
motions may be adopted by a voice vote, but on demand of any member of
1
the roll shall
be called. No motion or resolution shall be passed or become effective without the
affirmative vote of a majority of the members of the board. Any hearings or meetings
held by the district or its board of directors as required by this act or in carrying out the
provisions of this act may be continued or adjourned from time to time.
1
So in chaptered copy.
Section 6.5 Directors; compensation; reimbursement of expenses
The board of directors may fix the compensation of its members for their services as
directors as follows:
Superseded by California Water Code Section 20200 et seq. and OCWD
Ordinance No. 99-4-1.
(a.)
A sum not exceeding one hundred dollars ($100) for each meeting of the
board of directors attended.
(b.)
A sum not exceeding one hundred dollars ($100) for each day, and a sum
not exceeding fifty dollars ($50) for each half day, for service rendered as a
director, other than attending meetings of the board of directors, authorized,
directed or approved by the board. Three hours or less, including travel
time, shall be deemed one-half day, and time in excess of three hours,
including travel time, shall be deemed one day.
(c.) No director shall receive in any calendar month a sum in excess of six
hundred dollars ($600) for meetings attended or services rendered.
Orange County Water District Act
22
As used in this section, "meeting of the board of directors" shall not include
meetings of committees of the board of directors. Attending meetings of
committees of the board of directors shall be considered as services
rendered as a director.
In addition to compensation for meetings attended and services rendered,
and in addition to the limitations of amounts of that compensation provided
for in this section, each director shall receive reimbursement for all actual,
necessary, and reasonable expenses, including mileage, incurred in the
performance of his duties authorized, directed, or approved by the board.
Section 7 Property; legal title; management, use, etc.; sale
(a.) The legal title to all property acquired under this act shall immediately and by
operation of law vest in the district, and shall be held by the district, in trust
for, and is hereby dedicated and set apart to, the uses and purposes set forth
in this act. The board of directors is hereby authorized and empowered to
hold, use, acquire, manage, occupy and possess the property, as provided in
this act. The board of directors may determine, by resolution duly entered in
their minutes that any property, real or personal, held by the district is no
longer necessary to be retained for the uses and purposes of the district, and
may thereafter sell or otherwise dispose of the property.
(b.) The district shall comply with Article 5 (commencing with Section 53090) of
Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code for any
property owned by the district.
(c.) The district shall provide notice of intent to develop real property owned by
the district that is located within the boundaries of a city to the planning
agency of that city at least 30 days in advance of any action to approve the
development by the district’s board.
(d.) For the location or construction of a facility in subdivision (e) of Section 53091
of the Government Code that is proposed to be located within the boundaries
of a city, the district shall conduct at least one public meeting in that city.
Section 8 Investigations of quality of surface and groundwaters; cleanup;
liability
(a.)
The district may conduct any investigations of the quality of the surface
and groundwaters within the district which the district determines to be
necessary and appropriate to determine whether those waters are
contaminated or polluted.
Orange County Water District Act
23
(b.)
The district may expend available funds to perform any cleanup, abatement,
or remedial work required under the circumstances which, in the
determination of the board of directors, is required by the magnitude of the
endeavor or the urgency of prompt action needed to prevent, abate, or
contain any threatened or existing contamination of, or pollution to, the
surface or groundwaters of the district. This action may be taken in default
of, or in addition to, remedial work by the person causing the contamination
or pollution, or other persons. The district may perform the work itself, by
contract, or by or in cooperation with any other governmental agency.
(c.) If, pursuant to subdivision (b), the contamination or pollution is cleaned up or
contained, the effects thereof abated, or in the case of threatened
contamination or pollution, other necessary remedial action is taken, the
person causing or threatening to cause that contamination or pollution shall
be liable to the district to the extent of the reasonable costs actually incurred
in cleaning up or containing the contamination or pollution, abating the effects
of the contamination or pollution, or taking other remedial action. The amount
of those costs, together with court costs and reasonable attorneys' fees, shall
be recoverable in a civil action by, and paid to, the district. In any such
action, the necessity for the cleanup, containment, abatement, or remedial
work, and the reasonableness of the costs incurred therewith, shall be
presumed, and the defendant shall have the burden of proving that the work
was not necessary, and the costs not reasonable.
Section 9 Election of directors
Directors, other than directors representing Divisions 8, 9 and 10, shall be elected by
the division each represents. Directors representing Divisions 8, 9 and 10 shall be
appointed as provided elsewhere in this act.
The boundaries of the respective divisions, for the purpose of nomination and election of
directors, as provided in this section, shall be the boundaries of said divisions as they shall
exist on the ninetieth day preceding the date of election.
The provisions of the Elections Code relating to the qualifications of electors, so far as
they may be applicable, shall govern all district elections, except that:
(a.)
To the extent the provisions of the Elections Code pertaining to the
qualifications of voters at local elections are inconsistent with the
provisions of that code pertaining to general elections, the provisions of
the Elections Code pertaining to local elections shall control.
(b.)
Inconsistent provisions of this act shall control over any provisions of the
Elections Code, except the Uniform District Election Law.
The election for directors shall be conducted in accordance with and shall be governed
by the provisions of the Uniform District Election Law.
Orange County Water District Act
24
Section 10 Repealed by Stats. 1965, c. 2019, p. 4576, § 167, operative Jan. 1,
1967
Section 11 Directors; residence requirements
The successor to each director in office on January 1, 1994, and each director thereafter,
whether elected or appointed, shall be a resident of, and a voter within the meaning of
Section 18 of the Elections Code in, the division the director represents. A public officer,
whether elected or appointed, may be elected or appointed to serve as a member of the
board of directors of the district.
Section 12 Directors; time of election; appointment of certain directors;
vacancies; bond
(a.)
An election shall be held on the first Tuesday after the first Monday in
November of each even-numbered year, in those divisions of 1 to 7, inclusive,
at which directors for the district shall be elected to fill the offices of the
directors whose terms of office shall expire at noon on the first Friday in
December, in accordance with the Uniform District Election Law (Part 4
(commencing with Section 10500) of Division 10 of the Elections Code).
(b.)
In Divisions 8, 9, and 10 of the district, the governing body of the city
comprising each such division shall appoint the director to represent the
division upon the board of directors, to serve a four-year term that expires at
the same time as the terms of office of those elected directors whose terms
of office expire that year. The terms of office of directors representing
Divisions 8, 9, and 10 shall expire at noon on December 6, 1996. A director
representing Division 8, 9, or 10 may be removed at any time and without
cause by the majority vote of the appointing governing body.
(c.) Vacancies occurring in any elective office shall be filled pursuant to
Section 1780 of the Government Code. If the vacancy is that of an
appointed director, the appointing body shall appoint a successor.
(d.)
Each director shall execute an official bond in an amount fixed by the board
of directors that equals or exceeds one thousand dollars ($1,000). The
bonds shall be filed with the secretary of the board of directors.
(e.)
In lieu of requiring each director to execute an official bond pursuant to
subdivision (d), the district may provide fidelity insurance through master or
blanket bonds, or other insurance approved by the board of directors.
(f.)
Premiums for bonds required by this act shall constitute a proper charge
against the district.
Orange County Water District Act
25
Section 13 Organization after election; term; office; general manager and
secretary
(a.)
At a meeting of the board of directors in December following the election,
the directors elected at that election, those whose terms have not expired
and those appointed, shall meet and organize as a board, elect a president
and a first and second vice president, and may appoint a general manager
and a secretary, who shall each hold office at the pleasure of the board.
Each director appointed or elected shall hold office until his or her
successor is elected, or appointed, and has qualified. The term of office of
each elected director is hereby fixed at four years, except as herein
otherwise provided or as provided in the Uniform District Election Law. The
office of the district shall be established by the board of directors at some
proper and convenient place within the County of Orange, but does not
have to be established or maintained within the district. After the office is
once established, it shall not be changed without giving notice thereof by
posting in three public places within the district and by publishing a similar
notice pursuant to Section 6066 of the Government Code at least once a
week for two weeks in some newspaper of general circulation published in
Orange County.
(b.)The general manager and secretary of the district need not be one of the
directors. The salary of the general manager and secretary and amount of the
bond to be given for the faithful performance of their duties shall be fixed by the
board of directors. The bond of the general manager and secretary of the
district shall be filed in the office of the district.
Section 14 to 14.2 Repealed by Stats. 1965, c. 2019, p. 4577, §§ 170 to 172 operative
Jan. 1, 1967
Section 15 Declaration of appointment
At the first meeting of the board of directors of said district following receipt of a certificate
of appointment of a director from Division 8, 9 or 10, the board of directors shall declare to
be duly appointed as a director of said district, all such directors certified as appointed by
the governing body of the city comprising each such division.
Section 16 Financial statement; CPA audit
(a.)
The board of directors at a meeting during the fourth month following the
close of each fiscal year shall render and immediately thereafter cause to
be filed with the secretary and posted conspicuously in the office of the
district a verified statement of the financial condition of the district, showing
in detail the receipts and disbursements during the last preceding year,
together with the sources of the receipts and purposes of the
Orange County Water District Act
26
disbursements. A summary of the statement shall be published pursuant to
Section 6066 of the Government Code in some newspaper published in the
district, and shall refer to the itemized statement filed and posted in the
office of the district for further particulars.
(b.) For the purpose of rendering the statement, the district shall designate a
certified public accountant who shall make an independent audit of the
accounts and other evidences of financial transactions of the district during
the preceding year. The certified public accountant shall have no
personal interest directly or indirectly in the financial affairs of the district.
Section 17 Estimate of money needed; maximum general assessment
(a.)
The board of directors, on or before the first meeting of the board of
supervisors of Orange County in August of each year, shall furnish the
Board of Supervisors and the Auditor of Orange County with an estimate in
writing of the amount of money needed for the initiated or authorized
purposes of the district for the current fiscal year, including the purchase of
supplemental water for the replenishment of groundwater supplies of the
district and amounts necessary for the payment of the principal of, and
interest on, any bonded debt of the district as it becomes due.
(b.) (1) The amount of the general assessment levied during any year,
excluding the amounts necessary for the payment of the principal
of, and interest on, any bonded debt of the district, shall not exceed
twenty cents ($0.20) for each one hundred dollars ($100), or
fraction thereof, of assessable property in the district, excluding
personal property, according to the last assessment rolls of Orange
County.
(2.) A tax rate in excess of eight cents ($0.08) for each one hundred
dollars ($100), or fraction thereof, of assessable property in the
district, excluding personal property, according to the last
assessment rolls of Orange County, shall not be established unless
authorized by an affirmative vote of eight of the members of the
Board of Directors of the Orange County Water District.
(3.) The general assessments provided for in this section shall not
exceed eight cents ($0.08) for each one hundred dollars ($100), or
fraction thereof, of mineral rights, where the mineral rights are
assessed separately from the land.
(4.) All funds derived from a general assessment in excess of those
derived from eight cents ($0.08) for each one hundred dollars
Orange County Water District Act
27
($100), or fraction thereof, of assessable property in the district, of
any general assessment shall be deposited and applied to the
water reserve fund.
(c.) The amounts deposited and applied to the water reserve fund shall be
used solely and exclusively for all of the following purposes:
(1.)
The purchase of supplemental water for the replenishment of the
groundwater supplies of the district.
(2.)
Acquiring, constructing or developing intrusion prevention projects,
spreading grounds or basins, wastewater reclamation and water
salvage projects, canals, conduits, pipelines, wells, or other works
useful or necessary for the purposes of the district and to carry out
the provisions of this section.
(3.)
Acquiring any real or personal property or rights or privilege therein
useful or necessary for the foregoing projects or works or for the
purposes of the district and to carry out the provisions of this section.
(d.)
In addition to the purchase of supplemental water for the groundwater
supplies of the district from the water reserve fund and from the
replenishment fund, the board of directors may purchase water for the
replenishment of the groundwater supplies of the district from the general
fund upon the affirmative vote of at least eight members of the board of
directors.
Section 17.1 “General reserve” and “appropriation for contingencies” defined
"General reserve" means funds allocated from the general fund used to meet cash
requirements before the proceeds from taxes are available and to meet emergency
expenditures. The amount of the general reserve shall not at any time exceed the sum of
15 percent of the total current annual general and water reserve fund budgets.
"Appropriation for contingencies" means funds allocated from the general fund and the
water reserve fund to cover expenditures that have not been provided for or that have
been insufficiently provided for or for unappropriated requirements. The appropriation for
contingencies shall not at any time exceed the sum of three million dollars ($3,000,000).
Section 18 Assessments; levy; rate
The board of supervisors of said Orange County at the time of the levying county taxes
annually must levy a general assessment sufficient to raise the amount or amounts
specified in said estimates of said directors, as herein provided. In addition thereto, said
board of supervisors shall levy an assessment sufficient to meet all payments of principal
Orange County Water District Act
28
and interest on any bonds of the district as provided in Section 21.22 of this act. Said
board of supervisors must determine the rate of such assessments by deducting such
percent, not to exceed 10 percent, as shall be determined by the board of directors of the
district for anticipated delinquencies from the assessed value of the assessable real
property in said district on which an assessment is to be levied, as it appears on the
assessment roll of the county, and then dividing the sum or sums reported by said board
of directors as required to be raised by the remainder of such total assessed value. The
general assessments and the assessment for payment of bond principal and interest
levied and/or collected under the terms of this act shall be levied and collected on real
property including assessable rights therein and improvements thereon, but not on
personal property.
Section 19 Computation and entry of assessments; collection; laws
applicable
The general assessment and the assessment for payment of bond principal and interest
so levied by the district shall be computed and entered on the assessment roll by the
county auditor, and if the board of supervisors fail to levy the general assessment and the
assessment for payment of bond principal and interest as provided in the preceding
section, then the auditor must do so. Such general assessments and assessments for
payment of bond principal and interest shall be collected at the same time and in the same
manner as state and county taxes, and when collected, shall be paid into the treasury of
Orange County for payment to or the use of the district.
The provisions of the statutes of this State, prescribing the manner of levying,
assessing, equalizing and collecting taxes, including the sale of property for
delinquency, and the redemption from that sale, and the duties of the several county
officers with respect thereto, are, so far as they are applicable, and not in conflict with
the specific provisions of this act, hereby adopted and made a part hereof. Such
officers shall be liable upon their several official bonds for the faithful discharge of the
duties imposed upon them by this act.
Section 20 Funds
The following funds are hereby created and established for the district to which the moneys
of the district shall be deposited and applied, to wit, the general fund, the replenishment
fund, the water reserve fund, the bond fund, the basin equity assessment fund, and
various improvement funds. All funds collected and received by the district from the levy
of the district's replenishment assessment shall be deposited and applied to the
replenishment fund. All funds collected and received by the district from the levy of the
district's basin equity assessment shall be deposited and applied to the basin equity
assessment fund. All funds collected and received by the district from the levy of the
general assessment, other than those derived from the portion thereof in excess of those
derived from eight cents ($0.08) for each one hundred dollars ($100), or fraction thereof,
of assessable property in the district as provided in Section 17 of this act, shall be
deposited and applied to the general fund. All funds collected and received by the district
Orange County Water District Act
29
from the levy of assessments for the payment of the principal and interest on the bonded
debt of the district shall be deposited and applied to the bond fund. All funds collected and
received by the district from the levy of the general assessment derived from that portion
thereof in excess of eight cents ($0.08) for each one hundred dollars ($100), or fraction
thereof, of assessable property in the district, as provided in Section 17 of this act, shall be
deposited and applied to the water reserve fund. All other funds received by the district
shall be deposited in the fund designated by the board of directors. The board of directors
of said district may, from time to time, upon an affirmative vote of eight (8) of the members
of the board, transfer funds in such amounts as they deem advisable from the general fund
to the water reserve fund.
Section 20.5 Claims for money or damages; law governing
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.
Section 20.6 Determination of feasibility of project
(a.)
For the purpose of constructing, purchasing, leasing or otherwise acquiring
storage sites, water treatment or purification facilities, pumping stations,
injection wells, spreading grounds, lands, canals, conduits, or other facilities,
rights and privileges useful or necessary for the purposes of the district, and
otherwise carrying out this act, and before any purposes or projects are
instituted and carried out, the board of directors of the district shall determine
whether any purpose or project is feasible and necessary and of general
benefit to the lands in the district, and shall also estimate and determine the
amount of money necessary to be raised for each purpose or project.
(b.)
For the purpose of ascertaining the feasibility, necessity, and general
benefit of any purpose or project and the amount of money necessary to be
raised, the board of directors shall cause engineering investigations,
surveys, examinations, drawings, plans and reports to be made as shall
furnish the proper basis for the purpose or project and its estimated cost.
(c.) The engineering investigations, surveys, examinations, drawings, plans,
and reports, and estimated cost, may reflect that the works necessary for a
completed purpose or project shall be constructed progressively during a
period of years. All engineering investigations, surveys, examinations,
drawings, plans, and reports shall be made under the direction of a licensed
engineer or geologist, and shall be certified by him or her. All data obtained
by Orange County Flood Control District and all other available engineering
data may be considered in all of the engineering investigations. The
engineering investigations, surveys, examinations, drawings, plans, and
reports, as applicable, shall be included in a report of a licensed engineer or
geologist, to be approved by the board of directors prior to the beginning of
Orange County Water District Act
30
work on the purpose or project.
Section 20.7 Finding from engineer’s report; institution of project
If it shall appear from said engineer's report or reports that any such purpose or project is
feasible and necessary and of general benefit to the lands in the district, the board of
directors by resolution entered in its minutes may so find and may declare the purpose or
project duly instituted.
Section 21 Issuance of bonds; purposes
The district may incur indebtedness and bonds may be authorized and issued therefore
for any or all of the following purposes:
(a.)
Acquiring, constructing or developing intrusion prevention projects, spreading
grounds or basins, waste water reclamation and water salvage projects,
canals, conduits, pipelines, wells, or other works useful or necessary for the
purposes of the district and to carry out the provisions of this act; and
(b.) Acquiring any real or personal property or rights or privilege therein useful or
necessary for the foregoing projects or works or for the purposes of the
district and to carry out the provisions of this act.
Section 21.1 Maximum debt limit
The bonded indebtedness of the district outstanding at any one time shall not in the
aggregate exceed five percent (5%) of the assessed value of all assessable real
property, including assessable rights therein and improvements thereon, within the
district as shown on the last equalized assessment roll of Orange County.
Section 21.2 Resolution of board
Proceedings are initiated when the board of directors of the district passes a resolution by
a vote of a majority of its members determining that any such purpose or project is
feasible and of necessity and of general benefit to the real property in the district. Said
resolution may be combined with the resolution calling the election.
Section 21.3 Resolution calling election; contents
By a vote of a majority of its members, the board of directors may pass a resolution
ordering the submission of the proposition of incurring a bonded debt for the purposes set
forth in the resolution to the qualified voters of the district at an election called for that
purpose. More than one proposition of incurring bonded debt may be submitted at the
same election. Any proposition may include one or more of the authorized purposes.
The resolution shall recite:
(a.)
The objects and purposes of incurring the indebtedness.
Orange County Water District Act
31
(b.)
The amount of the principal of the indebtedness.
(c.) The rate of maximum rate of interest on the indebtedness which shall not
exceed the maximum interest rate provided for in Section 53531 of the
Government Code. The interest shall be payable semiannually except
that the first interest payable on the bonds or any series thereof may be
for any period not exceeding one year, as determined by the board of
directors at the time of sale.
(d.)
The date of the election.
(e.)
The manner of holding the election and the procedure for voting for or
against the proposition.
Section 21.4 Publication of resolution
The resolution calling the election shall be published once a day for at least seven days
in a newspaper published at least six days a week in the district. No other notice of the
election need be given.
Section 21.5 Consolidation of elections
If such election is consolidated, in whole or in part, with any other election of the district or
with a state or county election, the precincts, polling places and election officers within the
area affected by the consolidation shall be the same as provided for such other election
of the district or such state or county election, and it shall be sufficient if the resolution so
states.
Section 21.6 Electors; registration; conduct of election
Anything in this act to the contrary notwithstanding, the election held for the purpose of
authorizing the district to incur a bonded indebtedness shall be an election by the voters
within the meaning of the Elections Code, residing within the district. No person shall vote
at any such election who is not a voter within the meaning of the Elections Code, residing
in the district. For the purpose of registering voters who shall be entitled to vote at such
elections, the county clerk or registrar of voters is authorized to indicate upon the Affidavit
of Registration whether the voter is a voter of the district. Except as otherwise provided in
the resolution calling the election and except as in this act otherwise provided, the election
shall be conducted as nearly as practicable in accordance with the general election laws of
the State of California.
Section 21.7 Canvass of returns; resolution of results; required vote
The returns of the election shall be made to and canvassed by the board of directors of
the district within seven (7) days following said election. As soon as possible thereafter,
the board of directors shall adopt a resolution declaring and setting forth the results
thereof. If two-thirds (2/3) of the votes cast on any proposition are for the proposition, the
bonds may be issued.
Orange County Water District Act
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Section 21.8 Defeat of proposition; limitation on further proceedings
If any proposition is defeated by the voters, the board of directors shall not call another
election on a substantially similar proposition to be held within six months after the prior
election.
Section 21.9 Form of bonds and coupons; date
The board of directors shall prescribe the form of the bonds and interest coupons, and
fix the date of the bonds.
Section 21.10 Series bonds
The board of directors may divide the principal amount of any issue into two or more
series and fix different dates for the bonds of each series. The bonds of one series may
be made payable at different times from those of any other series.
Section 20.11 Time, manner and place of payment; maturity
A bond shall be payable at the time, in the manner, and at the place or places fixed by
the board of directors and designated in the bond. The maturity date of a bond need not
be an anniversary of its date. The final maturity date of any issue of bonds, or any series
thereof shall not exceed forty (40) years from the date of such bonds, or the date of such
series thereof.
Section 21.12 Action to determine validity of bonds
An action to determine the validity of the bonds may be brought pursuant to Chapter 9
(commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
Section 21.13 Redemption prior to maturity
The board of directors may provide for the redemption of any bond before maturity at such
time or times and at such price or prices determined by it. A bond shall not be subject to
call or redemption prior to maturity unless it contains a recital to that effect, or unless a
statement to that effect is printed thereon.
Section 21.14 Denomination of bonds
The bonds shall be issued in such denomination or denominations as the board of
directors may prescribe.
Section 21.15 Signatures
The bonds shall be signed by the president and the secretary, or the general manager, of
the district. The bond coupons shall be numbered consecutively and signed by the
secretary or the general manager of the district. All signatures may be printed,
lithographed, or engraved except that one of the signatures on the bond shall be
manually affixed. If any officer whose signature appears on bonds or coupons ceases to
Orange County Water District Act
33
be such officer before delivery of the bonds, his or her signature is as effective as if he or
she had remained in office.
Section 21.16 Issuance and sale; bids
The bonds may be issued and sold as the board of directors determines, but for not less
than par. Before selling the bonds, or any part thereof, the board of directors shall give
notice inviting sealed bids in such manner as the board of directors may prescribe. If
satisfactory bids are received, the bonds offered for sale shall be awarded to the highest
responsible bidder. If no bids are received, or if the board of directors determines that the
bids received are not satisfactory as to price or responsibility of the bidders, the board of
directors may reject all bids received, if any, and either readvertise or sell the bonds at
private sale.
Section 21.17 Legal investments
The bonds authorized herein shall be legal investments for all trust funds and for the funds
of all insurance companies, and for the state school funds and whenever any money or
funds by law now or hereafter enacted may be invested in bonds of cities, cities and
counties, counties, school districts, or municipalities in the State of California, said money
or funds may be invested in said bonds issued in accordance with the provisions of this
act and whenever bonds of cities, cities and counties, counties, school districts, or
municipalities by any law now or hereafter enacted may be used as security for the
performance of any act, said bonds of said district may be so used. All bonds issued
under the provisions of this act are hereby given the same force, value and use as bonds
issued by any municipality in this State and shall be free and exempt from all taxation
within the State of California.
Section 21.18 Bond fund; use; transfer of balance
All premiums and accrued interest received shall be placed in the bond fund to be used for
the payment of principal of and interest on the bonds, and the remainder of the proceeds
of the bonds shall be deposited to the credit of the proper improvement fund and applied
exclusively to the purpose and object recited in the bond proposition; provided, however,
that when said purpose and object has been accomplished, any moneys remaining in
such improvement fund shall be transferred to the bond fund to be used for the payment of
principal of and interest on the bonds, and provided, further, when such purpose and object
have been accomplished and all principal and interest on the bonds have been paid, any
balance of money then remaining shall be transferred to the General Fund; and provided,
further that the proceeds of the bonds may be used to pay the costs of the bond election,
legal or other fees in connection with the authorization, issuance and sale of the bonds,
and the costs of printing the bonds and other costs and expenses connected with the
issuance and sale of the bonds.
Section 21.19 Delivery of bonds; purchase price
Delivery of any bonds may be made at any place either inside or outside the State, and
the purchase price may be received in cash, certified or cashier's checks, or bank credits,
Orange County Water District Act
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including credits in the form of certified Federal Reserve Bank funds.
Section 21.20 Unsold bonds; resolution voiding; time
After three years after a bond election the board of directors may determine, by
resolution adopted by a two-thirds vote of all of its members, that all or any part of the
bonds remaining unsold shall not be issued or sold. The bonds described in the
resolution shall upon such adoption become void.
Section 21.21 Use of bond proceeds for other purposes; election; procedure
When the board of directors determines by resolution that the expenditure of moneys
raised by the sale of bonds for the purpose for which the bonds were voted is
unpracticable or unwise, it may call an election to obtain the consent of the voters to use
the money for some other specified district purpose. The procedure, so far as applicable,
shall be the same as when a bond proposition is originally submitted.
Section 21.22 Levy and collection of assessment
The board of supervisors of the County of Orange shall, at the time prescribed for the
levy of a general assessment as provided in Section 18 of this act, levy and collect
annually each year until the bonds are paid or until there is a sum in the bond fund of the
district sufficient to meet all payments of principal and interest on the bonds as they
become due, an assessment sufficient to pay the interest on the bonds as it falls due and
such part of the principal as will become due before the proceeds of an assessment
levied at the next assessment levy will be available. Said assessment shall be levied,
enforced, and collected upon the same property and in the same manner as the general
assessment as provided in this act and shall be in addition to all other taxes and
assessments. The limitations upon assessments stated in Section 17 or elsewhere in
this act shall not apply to the assessments required to be levied by this section. So long
as any bonds of the district or interest thereon remain unpaid, the proceeds of an
assessment levied under this section shall be used only for the payment of such bonds
and the interest thereon.
Section 22 Renumbered § 40-20.7 and amended. Stats. 1963, c. 508, p. 1367,
§ 7
Section 23 Replenishment assessments
Replenishment assessments levied pursuant to this act are declared to be in furtherance of
district activities in the protection of the water supplies for users within the district which are
necessary for the public health, welfare and safety of the people of this state. The
replenishment assessments are authorized to be levied upon the production of groundwater
from all water-producing facilities, whether public or private, within said district for the
benefit of all who rely directly or indirectly upon the groundwater supplies of such district.
The proceeds of the replenishment assessment levied, assessed and collected upon the
production of water from the groundwater supplies within said district shall be used to
Orange County Water District Act
35
acquire water and to pay the costs of initiating, carrying on, and completing any of the
powers, projects, and purposes for which this district is organized.
Section 24 Registration of water producing facilities; fine for
nonregistration; definitions
On or before the fifteenth day of January 1954, all water-producing facilities located
within the boundaries of the Orange County Water District shall be registered with said
district by the operator thereof. Any new water-producing facility constructed or re-
established after such date shall be registered with said district within 30 days after the
completion or re-establishment thereof.
Failure to register any water-producing facility with said district is a misdemeanor
punishable by a fine of not to exceed five hundred dollars ($500) or imprisonment in the
county jail for not to exceed six months or by both such fine and imprisonment.
In addition to other information which said district may determine is necessary and may
require in the registration form provided, there shall also be given information as to the
owner or owners of the land upon which each water-producing facility is located, a general
description and location of each water-producing facility, the name and address of the
person charged with the operation of each water-producing facility and the name or names
and addresses of all persons owning or claiming to own an interest in the water-producing
facility.
"Person" or "operator" as used in this act means public agencies, federal, state, and local,
private corporations, firms, partnerships, limited liability companies, individuals or group of
individuals whether legally organized or not; "owner" or "operator" also means the person
to whom a water-producing facility is assessed by the county assessor or if not separately
assessed the person who owns the land upon which a water-producing facility is located.
"Groundwater" as used in this act means all water beneath the earth's surface, but does
not include water which is being produced with oil in the production of oil and gas or in a
bona fide mining operation.
"Production" or "producing" as used in this act means the act of extracting groundwater, by
pumping or otherwise.
"Water-producing facility" as used in this act means any device or method, mechanical or
otherwise, for the production of water from the groundwater supplies within said district.
"Accumulated overdraft" as used in this act means the amount of water necessary to be
replaced in the intake area of the groundwater basin within said district to prevent the
landward movement of ocean water into the fresh groundwater body, as determined by the
board of directors from time to time.
"Annual overdraft" as used in this act means the amount, determined by the board of
directors, by which the production of water from the groundwater supplies within said
Orange County Water District Act
36
district during the water year exceeds the natural replenishment of such groundwater
supplies in such water year.
"Water year" as used in this act means July 1st of one calendar year to June 30th of the
following calendar year.
Section 25 Annual investigation and report upon ground water conditions
The district shall annually order an investigation and report to be made by an engineer or
engineers employed by said district for the purpose of investigating and reporting upon
groundwater conditions of said district. The investigation and report shall include
among other information which said district may desire, information for the consideration of
the board in its determination of the annual overdraft, information for the consideration of
the board in its determination of the accumulated overdraft as of the last day of the
preceding water year, a report as to the total production of water from the groundwater
supplies of said district for the preceding water year, an estimate of the annual overdraft for
the current water year and for the ensuing water year, and a recommendation as to the
quantity of water to be purchased for replenishment of the groundwater supplies of said
district for the ensuing year.
Section 26 Notice of receipt of report; hearing on report; estimated overdraft
and replenishment requirements
(a.)
On the second Wednesday in February of each year, the engineering
investigation and report shall be delivered to the secretary of the district in
writing. The secretary shall publish pursuant to Section 6061 of the
Government Code a notice of the receipt of the report and of the public
hearing to be held on the date of the regular meeting of the board of directors
in March in a newspaper of general circulation, printed and published within
the district, at least 10 days prior to the date at which the public hearing
regarding groundwater conditions shall be held. The notice, among other
information which the district may provide therein, shall contain an invitation
to all operators of water-producing facilities within the district to call at the
offices of the district to examine the engineering investigation and report.
(b.)
There shall be held, by the board of directors, on the date of a meeting of
the board of directors in March of each year, at the district offices a public
hearing at which time any operator of a water-producing facility within the
district or any person interested in the condition of the groundwater supplies
of the district may in person or by representative appear and submit
evidence concerning the groundwater conditions of the district.
Appearances, also, may be made supporting or protesting the written
engineering investigation and report. The board of directors shall, before
the levy of the replenishment assessments, find and determine the average
annual overdraft for the immediate past five water years; the estimated
annual overdraft for the current water year; the estimated annual overdraft
Orange County Water District Act
37
for the ensuing water year; the accumulated overdraft as of the last day of
the preceding water year; the estimated accumulated overdraft as of the
last day of the current water year; the amount of water which should be
purchased for the replenishment of the groundwater supplies of the district
for the ensuing water year, and the sum of money necessary therefore.
(c.) That finding and determination by the board shall be conclusive and
binding upon all persons and parties.
Section 27 Replenishment assessment; levy; rate; hearing; additional
assessment
(a.)
If the board of directors finds and determines that an overdraft, either
annual or accumulated, does exist, the board may levy and assess a
charge or replenishment assessment against all persons operating water-
producing facilities and producing water during the ensuing water year,
which assessment or charge shall be computed and fixed at a uniform
rate per acre-foot of such water production.
(b.)
The total of the replenishment assessment levied in any year shall not
exceed an amount of money found to be necessary to purchase sufficient
water to replenish the average annual overdraft for the immediate past five
water years plus an additional amount of water sufficient to eliminate over a
period of not less than 10 years nor more than 20 years, the accumulated
overdraft, plus an amount of money to pay the costs of initiating, carrying on,
and completing any of the powers, projects, and purposes for which this
district is organized.
(c.) On the date of a meeting of the board of directors in April of each year, the
board of directors shall hold a public hearing for the purpose of determining
the need and desirability of levying a replenishment assessment and fixing
the rate thereof. In computing and fixing the replenishment assessment rate,
there shall be allowed that percent, not to exceed 10 percent, as shall be
determined by the board of directors of the district for delinquencies. Notice
of the hearing shall be published in the district pursuant to Section 6061 of
the Government Code, at least 10 days prior to the date set for the hearing.
(d.)
Any replenishment assessment levied by this section shall be in addition
to any general assessment levied by the district.
(e.)
Clerical errors occurring or appearing in the name of any person or in the
description of the water-producing facility where the production of water
therefrom is otherwise properly assessed, or in the making or extension of
any assessment upon the records, which do not affect the substantial rights
of the assessee or assessees, shall not invalidate the assessment.
Orange County Water District Act
38
Section 27.1 Additional replenishment assessment; hearing; finding and
determination by board; irrigation defined
At the time of the hearing specified in Section 27 of said act the board of directors may
also hold a hearing for the purpose of determining the need and advisability of levying an
additional replenishment assessment against all persons operating water-producing
facilities for all purposes other than irrigation at a uniform rate per acre-foot for water
produced during the ensuing year. Any such replenishment assessment levied and
assessed under this section shall be in addition to the replenishment assessment
authorized by said Section 27 and may be levied and assessed in such amounts
necessary for the purposes set forth in Section 23 of this act, without regard to the
limitations provided by said Section 27. Before levying said additional replenishment
assessment, the board must find and determine by a vote of eight members that said
additional replenishment assessment is necessary for the protection of the water supply
purposes of the district and that the amount thereof is reasonable. In computing and fixing
the additional replenishment assessment rate, there shall be allowed such percent, not to
exceed
10 percent, as shall be determined by the board of directors of the district for
delinquencies.
"Irrigation," as used in this act, means the act of first using water to place it on lands by
any means for the commercial production of agricultural, horticultural, or floricultural crops
and for pasture grown for commercial purposes.
Section 28 Replenishment assessment; notice
The district, after the levying of the replenishment assessment, shall give notice thereof to
the operator of each water-producing facility in the district as disclosed by the records of
said district, which notice shall state the rate of the replenishment assessment for each
acre-foot of water to be produced during the ensuing water year. Said notice may be sent
by postal card or by other first class mail with postage prepaid by said district.
Section 28.1 Additional replenishment assessment; notice
The district, at the time of giving the notice specified in Section 28 of said act, shall also
give notice to the operator of each water-producing facility in the district as disclosed by
the records of said district, which notice shall state the rate of the additional replenishment
assessment, if any, levied and assessed pursuant to Section
27.1 of this act.
Section 29 Water production statement; replenishment assessment
(a.) (1) Each operator of a water-producing facility within the district, until
the facility has been permanently abandoned, shall file with the
district, on or before January 31, and on or before July 31, of each
year, a statement setting forth all of the following:
Orange County Water District Act
39
(A.) The total production in acre-feet of water for the preceding
six month period of January to June, inclusive, or July to
December, inclusive, as applicable.
(B.) A general description or number locating each
water-producing facility.
(C.) The method or basis of the computation of water production.
(2) If no water has been produced from the water-producing facility
during the reporting period, a statement shall be filed as provided
for herein stating that no water has been produced during that
period.
(3) A statement shall be verified by a written declaration that it is made
under the penalties of perjury.
(4) The replenishment assessment and the additional replenishment
assessment are payable to the district on or before the last date on
which the water production statements are to be filed and are
computed by multiplying the production in acre-feet of water as
disclosed in the statement, by the replenishment assessment rate
and the additional replenishment assessment rate.
(5) When an operator has permanently abandoned a water-producing
facility, the operator shall give written notice of the abandonment to
the district.
(b.)
If any operator of a water-producing facility fails to pay the replenishment
assessments when due, the district shall charge interest on the delinquent
amount of the replenishment assessments at the rate of 1 percent each
month or fraction thereof that the replenishment assessments remain
delinquent.
(c.) (1) If any operator of a water-producing facility fails to file the water
production statement on or before the last day of February or on or
before the 31st day of August of each year, for the applicable
reporting period, the district shall, in addition to charging interest
as
provided in this section, assess against the operator a penalty
charge, in an amount of 10 percent of the amount due the district.
(2) Paragraph (1), as amended in the first year of the 1995-96
Regular
Session of the Legislature, applies to any operator of a
water
producing facility that fails to file a required water production
Orange County Water District Act
40
statement on or after the effective date of those amendments, and to
any operator that failed to file a required water production statement
on or before July 31, 1994, for the preceding January to June,
inclusive.
(d.)
The board of directors may, at the time of fixing the replenishment
assessment rate and additional replenishment assessment rate, provide by
resolution that the operator of any water-producing facility with a discharge
opening not greater than two inches in diameter and that does not provide
domestic or irrigation water for an area in excess of one acre may pay a
fixed amount as the operator's replenishment assessment and additional
replenishment assessment, in lieu of filing a sworn statement regarding
groundwater production.
Section 29.1 Filing false or fraudulent water production statement;
misdemeanor; penalty
Any person who, with intent to evade any provision or requirement of this act, files with
the district any false or fraudulent water production statement, is guilty of a misdemeanor
and is punishable by a fine not to exceed five hundred dollars ($500) or imprisonment in
the county jail not to exceed six (6) months, or by both such fine and imprisonment.
Section 29.2 Repealed by Stats. 1978, c. 1047, p. 3237, § 6
Section 30 Amended statement; correction of records
Upon good cause shown an amended statement of water production may be filed or a
correction of the records may be made at any time prior to the final date for filing the
next semiannual water production statement.
Section 31 Record of water production; record of replenishment
assessments and charges
The district shall maintain records in which shall be noted the annual water production
from each water producing facility within the district.
The district shall also maintain records in which shall be entered each district
assessment levy and charge, a general description of the property upon which each
water producing facility is located and any identifying number or code which may be
assigned to such facility.
Orange County Water District Act
41
Section 31.5 Basin equity assessments; production requirements and
limitations; use of proceeds; investigation and report; contents;
notice of receipt of report and hearing; contents; hearing; board
actions; notice of assessment and production requirement or
limitation; operator’s report and verification; payments; interest,
penalty
(a) Basin equity assessments and production requirements and limitations on
persons and operators within the district are declared to be in furtherance of
district activities in the protection of water supplies for users within the
district that are necessary for the public health, welfare, and safety of the
people of this state. The basin equity assessments and the production
requirements and limitations provided for in this act may be imposed upon,
and applied to, all persons and producers within the district for the benefit of
all who rely directly or indirectly upon the groundwater supplies of the
district.
(b) The basin equity assessments imposed pursuant to this act against all
persons and operators within the district may be uniform or nonuniform in
amount, as determined by the board of directors of the district, in order to
effectuate the goals and purposes of the district. The proceeds of the basin
equity assessments imposed and collected shall be used to equalize the
cost of water to all persons and operators within the district and to acquire
water to replenish the groundwater supplies of the district.
(c) As used in this act:
(1.)
"Supplemental sources" means sources of water outside the
watershed of the Santa Ana River, excepting that portion of that
watershed on and along Santiago Creek upstream of the
downstream toe of the slope of the Villa Park Flood Control Dam,
such as, but not limited to, water produced from the Metropolitan
Water District of Southern California.
(2.)
"Basin production percentage" means the ratio that all water to be
produced from groundwater supplies within the district bears to all
water to be produced by persons and operators within the district
from supplemental sources and from groundwater within the district
during the ensuing water year.
(d) The district shall annually order an engineer employed by the district to
prepare an investigation and report. The investigation and report shall set
forth all of the following information, together with other information
requested by the district, relating to the preceding water year:
(1.)
Amount of water produced by persons and operators from
Orange County Water District Act
42
groundwater within the district.
(2.)
Amount of water produced by persons and operators from
supplemental sources.
(3.)
Amount of water produced by persons and operators from all other
sources.
(4.)
Condition of groundwater supplies within the district.
(5.) Information as to the probable availability of water from
supplemental sources during the next succeeding fiscal year.
(6.)
The cost of producing water from groundwater within the district,
including any replenishment assessment of the district.
(7.) The cost of water produced within the district from supplemental
sources.
(e)
(1) On the second Wednesday in February of each year, the
engineering investigation and report shall be delivered to the
secretary of the district.
(2.) The secretary shall publish, pursuant to Section 6061 of the
Government Code, a notice of the receipt of the report and of the
public hearing to be held on the date of a meeting of the board of
directors in March, in a newspaper of general circulation printed
and published within the district, at least 10 days prior to the date at
which the public hearing regarding water supplies within the district is
to be held.
(3.) The notice, among any other information that the district may provide,
shall include an invitation to all persons or operators within the district
to call at the offices of the district to examine the engineering
investigation and report.
(4.)
The board of directors shall hold on the date of a meeting of the board
in March of each year, a public hearing at which a person or operator
within the district, or any person interested in the amounts and source
from which all persons and operators produce their total supply of
water, as well as the estimated difference in the cost of water
produced from groundwater within the district or supplemental
sources, may appear and be heard, in person or by representative.
Orange County Water District Act
43
(f)
(1)
On the date of a meeting of the board of directors in April of each
year, the board of directors shall hold a public hearing to determine
the need and desirability of imposing basin equity assessments and
the amounts thereof, the need for establishing production
requirements and limitations, and the extent of those requirements
and limitations as to each person or operator within the district for the
ensuing water year.
(2.) In computing and fixing the amount of any basin equity assessment
for any person or operator within the district, the board may allow a
percentage for delinquencies, not to exceed 10 percent, as
determined by the board.
(3.) Notice of the proposed hearing shall be published in the district
pursuant to Section 6061 of the Government Code at least 10 days
prior to the date set for the hearing.
(4.) The notice shall set forth all of the following:
(A)
That a report regarding water supplies within the district has
been prepared.
(B)
The date, time, and place of the proposed hearing.
(C)
A statement that the board will consider at the hearing the need
and desirability of imposing basin equity assessments and the
amounts of those assessments, as well as establishing produc-
tion requirements and limitations, on persons and operators
within the district for the ensuing water year and surcharges in
connection with those requirements and limitations.
(D)
An invitation to all persons and operators to appear at the public
Hearing and be heard in regard to any of the foregoing matters.
(g)
(1) At the hearing, the board shall hear, take, and receive all
competent evidence presented regarding the need for basin equity
assessments, production requirements and limitations in general,
and specifically, the extent of those requirements or limitations as
to each person or operator within the district, the amount of the
basin equity assessment which shall be imposed upon each person
and operator for all purposes other than irrigation at uniform or
nonuniform rates and may be imposed upon each person and
operator for irrigation purposes at uniform or nonuniform rates for
the ensuing water year, and the amount of surcharges for
production in excess of the basin production limitations.
Orange County Water District Act
44
(2.) After the hearing, the board may, by a resolution adopted by a vote
of not fewer than eight members of the board, find and determine for
the ensuing water year all of the following:
(A.) The estimated total amount of water to be produced by all
persons and operators within the district from the groundwater
within the district and the estimated amount to be produced by
persons and operators from supplemental sources.
(B.) The basin production percentage.
(C.) That a basin equity assessment and production requirement and
limitation from groundwater within the district are necessary for
the protection of the water supply of the district.
(D.) The surcharge, in an amount to be determined in the discretion of
the board, for production in excess of the production limitations.
(E.) The amount of the basin equity assessment to be imposed
upon each person and operator in a dollar amount per acre-
foot of water produced from the groundwater supply for all
purposes other than irrigation, which need not be uniform as
to each person or operator within the district, and that the
amount is reasonable.
(F.) The amount of the basin equity assessment to be imposed
upon each person and operator in a dollar amount per acre-
foot of water produced from the groundwater supply for
irrigation purposes, which need not be uniform as to each
person or operator within the district, and that the amount is
reasonable.
(G.) Production requirements or limitations and the surcharge for
production in excess of the basin production limitations on
persons and operators within the district that will apply during
the ensuing water year. The requirements and limitations shall
be on the amount of groundwater produced by those persons
and operators expressed in a percentage of overall water
produced or obtained by those persons or operators from
groundwater within the district and from supplemental sources.
(H.) That during the ensuing water year, upon the district giving
published notice pursuant to Section 6061 of the Government
Code in a newspaper of general circulation printed and
published within the district at least 10 days prior to such a
hearing, a subsequent public hearing may be held to modify
the basin production percentage, any basin equity
Orange County Water District Act
45
assessment, any production requirement or limitation, or the
surcharge for production in excess of the production
limitation established by the district. A modification, if any,
shall be effective on the date established by the board and
the district. The district shall give notice of the modification
10 days prior to the effective date of the modification
pursuant
to subdivision (e).
(h)
(1) The board may exclude all persons and operators who produced 25
acre-feet or less of water from groundwater within the district during
the ensuing water year from the imposition of the basin equity
assessment and the production requirements and limitations.
(2)
All findings and determinations made by the board pursuant to this
section are final, conclusive, and binding upon all persons and
parties.
(i)
(1) The district shall thereafter, and in any event prior to July 1
in each year, give notice to each person or operator within the
district. The notice shall include all of the following information:
(A.) The amount of the basin equity assessment imposed upon
that person or operator per acre-foot of water produced for
purposes other than irrigation and the amount of the basin
equity assessment imposed upon that person or operator
per acre-foot of water produced for irrigation purposes.
(B.)
The basin production percentage.
(C.)
The production requirement or limitation upon the person or
operator.
(D.)
The amount of surcharge imposed for production in excess
of the basin production limitations.
(2)
The notice required by this subdivision and the notice of any
subsequent modifications may be sent by postcard or
by other first-class mail with postage prepaid by the
district.
(j) (1)
Each person or operator within the district not excluded from the
imposition of a basin equity assessment and the production
requirements and limitations, shall file with the district, on or before
September 30 of each year, a basin equity assessment report in
Orange County Water District Act
46
the form prescribed by the district setting forth the total amounts of
water produced from groundwater within the district and from
supplemental sources during the preceding water year by the
person or operator. The statement shall be verified by a written
declaration under penalty of perjury.
(2)
If the person or operator has been required by the district to produce,
or has in fact produced, more water from groundwater within the
district than the equivalent of the basin production percentage
determined by the district, that person or operator shall pay to the
district, on or before September 30, an amount determined by the
number of acre-feet of water which the person or operator has
produced from groundwater within the district in excess of the acre-
foot equivalent of the basin production percentage multiplied by the
basin equity assessment rate applicable to that person or operator,
plus the amount of surcharge due for production in excess of the
production limitations.
(3.) (A) If a person or operator, pursuant to the requirement of the
district, has produced from groundwater within the district
less than the equivalent of the basin production percentage,
the district shall pay the person or operator, on or before
November 30, from the basin equity assessment fund, an
amount determined by the number of acre-feet by which the
production of the person or operator from groundwater as
required by the district is less than the acre-foot equivalent of
the basin production percentage multiplied by the basin
equity assessment rate applicable to that person or operator.
(B) If the production of the person or operator from groundwater is
more than the production required by the district and less than
the equivalent of the basin equity production percentage, then
the district shall pay the person or operator an amount deter-
mined by the number of acre-feet by which the actual
production of the person or operator from groundwater is less
than the acre-foot equivalent of the basin production percent-
age multiplied by the basin equity assessment applicable to
that person or operator.
(k) If any person or operator fails to pay, when due, the applicable basin equity
assessment or surcharge due for production in excess of the production
limitations, the district shall charge interest on the delinquent amount at the
rate of 1 percent each month or fraction thereof for which the amount
remains delinquent. Should any person or operator within the district fail to
file a basin equity assessment report on or before November 30 of any
Orange County Water District Act
47
year, the district shall, in addition to charging interest, assess a penalty
charge against that person or operator in the amount of 10 percent of the
amount found by the district to be due.
(I)
(1) The district may require other reports from persons and operators
as necessary and desirable in the application of the basin equity
assessment procedures.
(2)
Upon good cause shown, an amendment to any report required under
this section may be filed, or a correction of any report may be made,
within six months after the date the report was filed with the district.
Section 31.6 Transfers from general fund to basin equity assessment fund;
repayment
The board of directors may from time to time transfer up to a maximum of two hundred
fifty thousand dollars ($250,000) to the basin equity assessment fund from the general
fund in the event that there is insufficient money in the basin equity assessment fund for
expenditures authorized in Section 31.5. All of the money so transferred shall be repaid to
the general fund as soon as it is financially feasible to do so. It shall be financially feasible
to repay the general fund when there is money in the basin equity assessment fund over
and above that necessary to make expenditures, as specified in Section 31.5, and to
provide a reasonable reserve for the making of such expenditures.
Section 32 Unregistered facility; injunction
The superior court of the county in which said district lies may issue a temporary
restraining order upon the filing by said district with said court of a verified petition or
complaint setting forth that the person named therein as defendant is the operator of a
water-producing facility which has not been registered with the district, that such
defendant is delinquent in the payment of a replenishment assessment, or that the
defendant is delinquent in the payment of a basin equity assessment. Such temporary
restraining order shall be returnable to said court on or before ten (10) days after its
issuance.
The court may issue and grant an injunction restraining and prohibiting the named
defendant from the operation of any water-producing facility when it is established by the
preponderance of the evidence at a hearing that the defendant has failed to register such
water-producing facility with said district, that the defendant is delinquent in a
replenishment assessment thereon, or has not paid or is delinquent in the payment of a
basin equity assessment. Such court may provide that the injunction so made and issued
shall be stayed for a period not to exceed 10 days to permit the defendant to register the
water-producing facility or to pay the delinquent replenishment assessment, or to pay the
delinquent basin equity assessment.
Service of process is completed by posting a copy of the summons and complaint upon
the water-producing facility or the parcel of land upon which it is located and by personal
Orange County Water District Act
48
service upon the named defendant.
The right to proceed for injunctive relief granted herein is an additional right to those
which may be provided elsewhere in this act or otherwise allowed by law. The
procedure provided in Part 2, Title 7, Chapter 3 of the Code of Civil Procedure regarding
injunctions shall be followed except insofar as it may herein be otherwise provided.
Said district shall not be required to provide an undertaking or bond as a condition to
granting injunctive relief.
Section 33 Excess production; investigation; meters; order limiting
production; protest; notices
If said district has probable cause to believe that the production of 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 any water-producing facility,
said district may cause an investigation and report to be made concerning the production
of water from each such water-producing facility. Said district may fix the amount of 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 said district to establish to the contrary.
After such determination has been made by said district, a written notice thereof shall be
mailed to the person operating such water-producing facility at his address as shown by the
district's records. Any such determination made by said district shall be conclusive on all
persons having an interest in such water-producing facility and the replenishment
assessment interest and penalties thereon, payable forthwith, unless such person files with
the board of directors of said 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.
Upon the filing of such protest, said board of directors thereafter shall hold a hearing at
which time the total amount of the water production and the replenishment assessment
thereon shall be determined, which 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 said board of directors shall be mailed to
each protestant who shall have 20 days from the date of mailing to pay the replenishment
assessment, interest and penalties provided by the provisions of this act.
Notice as required in this section shall be given by deposit thereof in any postal facility
regularly maintained by the government of the United States, in a sealed envelope with
postage paid, addressed to the person on whom it is served at his name and address as
disclosed by the records of said district. The service is complete at the time of deposit.
Section 33.1 Investigation and report concerning water production; authority
of district to fix amount of production; notice; protest; hearing
If the district has probable cause to believe that the production of water from ground water
Orange County Water District Act
49
by any person or operator is less than or in excess of that disclosed by the sworn
statements filed by such person or operator pursuant to Section 31.5, or if no such
statements are filed by any person or operator, the district may cause an investigation and
report to be made concerning the production of water by such person or operator. The
district may fix the amount of water produced from ground water within the district by such
person or operator at an amount not to exceed the total maximum production capacity of
all water-producing facilities of such person or operator; provided, however, where a water
measuring device is permanently attached to any such water-producing facility, the record
of production as disclosed by such water measuring device shall be presumed to be
accurate and the burden is upon said district to establish the contrary.
After such determination has been made by the district, a written notice thereof shall be
mailed to such person or operator at his address as shown by the district's record. Any
such determination made by the district shall be conclusive on such person or operator
and any basin equity assessment due by reason thereof, together with interest and
penalties thereon, shall be payable forthwith, unless such person files 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. Upon
the filing of such protest, the board of directors thereafter shall hold a hearing at which time
the total amount of water production by said person or operator shall be determined, which
determination 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 of the board of directors shall be mailed to each protestant.
Notice as required in this section shall be given by deposit thereof in any postal facility
regularly maintained by the government of the United States in a sealed envelope
postage prepaid, addressed to the person on whom it is served at his address as
disclosed by the records of said district. Service is complete at the time of deposit.
Section 34 Delinquent replenishment or basin equity assessment
The district may bring a suit in the court having jurisdiction against any operator of a water-
producing facility within the district for the collection of any delinquent replenishment
assessment or basin equity assessment. As a provisional remedy in any such action, the
district may seek an attachment against the property of any such delinquent water-
producing facility operator named as a defendant therein, the appointment of a receiver to
collect revenues generated directly or indirectly to that operator from the production of the
water-producing facility, or both an attachment and the appointment of a receiver. Prior to
making application to the court for an order providing for the attachment of property or the
appointment of a receiver, the district shall provide mailed notice to each person or entity
known to the district to be an operator of or a user or consumer of water from the water-
producing facility, which notice shall set forth the amount of the delinquency, the remedy
or remedies to be sought by the district, and the reasons therefor. The cost and expenses
incurred in executing the attachment or for the receiver shall be recovered as costs by the
district. The court having jurisdiction of the suit may, in addition to allowing recovery of
costs to the district as allowed by law, fix and allow as part of the judgment, interest and
penalties as provided in Section 29. Should the district, as a provisional remedy in
Orange County Water District Act
50
bringing the suit, seek an attachment against the property of any named defendant
therein, or the appointment of a receiver as described in this section, the district shall not
be required to provide a bond or undertaking as is otherwise provided for in the Code of
Civil Procedure of the State of California in Part 2 of Title 7 of Chapter 4 thereof
1
.
1
Code of Civil Procedure § 537 et seq.
Section 35 Production of water from unregistered facility and without meter;
exemption; punishment
It shall be unlawful to produce water from any water-producing facility within the
boundaries of the Orange County Water District unless such water-producing facility has
been registered with said district and has a water measuring device affixed thereto
capable of registering the accumulated amount of water produced therefrom.
This section is not applicable to operators of water producing facilities having a discharge
opening two inches or less in diameter and which do not provide domestic or irrigation
water for an area in excess of one acre who pay, in accordance with district regulations a
fixed charge in lieu of affixing a water measuring device.
Violation of this provision shall be punishable by a fine not to exceed five hundred
dollars ($500) or imprisonment in the county jail for not to exceed six (6) months or by
both such fine and imprisonment. Each day of operation in violation hereof shall
constitute a separate offense.
Section 35.1 Injuring, removing or tampering with meters; misdemeanor;
penalty
Any person who injures, alters, removes, resets, adjusts, manipulates, obstructs or in any
manner interferes or tampers with or procures or causes or directs any person to injure,
alter, remove, reset, adjust, manipulate, obstruct or in any manner interfere or tamper with
any water measuring device affixed to any water producing facility as required by this act,
so as to cause said water measuring device to improperly or inaccurately measure and
record said water production, is guilty of a misdemeanor and is punishable by a fine not to
exceed five hundred dollars ($500) or imprisonment in the county jail not to exceed six (6)
months, or by both such fine and imprisonment.
Section 36 Repealed by Stats. 1984, c. 1128, § 93
Section 37 Claims; treasurer’s report
No claim shall be paid by the treasurer until allowed by the board, and only upon a warrant
or check signed by the president and countersigned by the secretary or signed and
countersigned by such persons as the board may approve. The treasurer shall report, at
such times as the board of directors shall request, the amount of money of the district on
deposit, the amount of receipts, and the amount or amounts paid out of the district funds
since the last preceding report. The report shall be verified and filed with the secretary of
the board.
Orange County Water District Act
51
Section 38 Replenishment and basin equity assessments; exclusion of
certain facilities
Any water-producing facility which is not producing ground water from a zone replenished by
the Santa Ana River or its tributaries may be excluded by order of the board of directors from
the payment of the replenishment assessment and from the levy of the basin equity
assessment and the production requirements and limitations provided by this act after the
filing of a verified petition by the owner of a water-producing facility.
The petition shall be filed with the board of directors of the district and shall describe the land
upon which the water-producing facility is located, a description of the water-producing
facility, and the names and addresses of the owners of the water-producing facility, and shall
set forth that such water-producing facility is not producing ground water from a zone
replenished by the Santa Ana River or its tributaries. Petitioner shall pay to the district the
expenses of advertising and costs incident to the proceedings.
Upon the filing of the petition, the secretary of the district shall cause an investigation to be
made by the district geologist or an engineer or engineers to determine whether the water-
producing facility is or is not producing ground water from a zone replenished by the Santa
Ana River or its tributaries. Upon completion of such investigation a report of the results
thereof shall be filed with the board of directors and a copy shall be mailed to the petitioner.
Upon the filing of the report, the board of directors shall fix a time for holding a hearing
regarding the petition and report, which time shall be not less than 10 days and not more
than 75 days after the filing of the report, and shall cause a notice of the filing thereof and
time and place fixed for the holding of the hearing to be published one time at least 10 days
before the date fixed for such hearing in a newspaper of general circulation printed and
published within the district. The district shall also mail to the petitioner a notice of such
hearing, not less than 7 days prior to the date of the hearing. Any owner of a water-
producing facility within the district may appear in person or by representative at said hearing
either in behalf or in opposition to the granting of the request of said petition. If upon such
hearing the board of directors determines that the petition complies with the provisions of this
section, and determines and finds that such water-producing facility is not producing
ground water from a zone replenished by the Santa Ana River or its tributaries, the board of
directors shall make an order that such water-producing facility shall be excluded from the
payment of the replenishment assessment and from the levy of the basin equity assessment
and the production requirements and limitations as provided in this act. From the making of
such order the water-producing facility so excluded shall no longer pay any replenishment
assessment or basin equity assessment thereafter levied but such order of exclusion shall
not invalidate in any manner any replenishment assessment or basin equity assessment
theretofore levied.
The exclusion provisions provided in this section apply only to exclusion of water-producing
Orange County Water District Act
52
facilities from the payment of the replenishment assessments or basin equity assessments
authorized by this act, but do not in any manner exclude or limit the rights of the district to
levy and collect a general assessment as provided in this act.
The finding and determination by said board is final and conclusive.
Section 38.1 Exemption from payment of replenishment and basin equity
assessments
(a) Any water-producing facility which is producing water within the exterior
boundaries of the district may be exempted by order of the board of directors
from any or all of the following, upon the filing of a verified petition by the
owner of the water-producing facility and the findings required to be made by
this section:
(1) The payment of all or any portion of the replenishment assessments.
(2) The levy of all or any portion of the basin equity assessment applicable
to the owner or operator of the facility or facilities.
(3) The production requirements and limitations provided for in this act.
(b) The petition shall be filed with the board of directors of the district and shall
include a description of the land upon which the water-producing facility is
located, a description of the water-producing facility, a statement of water
quality analysis of the water produced by the water-producing facility, the
names and addresses of the owners of the water-producing facility, and shall
set forth the purpose or purposes for which any water produced from the
water-producing facility will be used. The petition may include one or more
water-producing facilities located in the same general area, provided each of
those facilities are owned by the same owner. The petitioner shall pay to the
district the expenses of advertising and costs incident to the proceedings.
(c) Upon the filing of the petition, the general manager of the district shall cause
an investigation to be made by the district geologist or an engineer or
engineers for the purpose of determining whether the water produced by the
water-producing facility is suitable or unsuitable for domestic or agricultural
purposes. Upon completion of the investigation, a report of the results thereof
shall be filed with the board of directors and a copy shall be mailed to the
petitioner. Upon filing of the report, the board of directors shall fix a time for a
hearing upon the petition and report, which time shall be not less than 10 days
and not more than 75 days after the filing of the report, and shall cause a
notice of the filing thereof and time and place fixed for the holding of the
hearing to be published one time, at least 10 days before the date fixed for the
Orange County Water District Act
53
hearing, in a newspaper of general circulation printed and published within the
district. A copy of the notice shall be mailed to the petitioner by first-class mail
with postage prepaid not less than seven days prior to the date of the hearing.
(d) At the time of the hearing, the board of directors shall determine the quality of
the water produced from the water-producing facility or facilities and the
impact on the water supplies of the district from production of that water. The
board of directors may exempt the water produced from the water-producing
facility or facilities from the levy and payment of all or a portion of the
replenishment assessments and basin equity assessment, and from the
production requirements and limitations under this act, as follows:
(1) If the board of directors finds and determines that the water produced
from the facility or facilities or any of them is unsuitable for domestic or
agricultural purposes, and further finds and determines that the
production of that unsuitable water will have no adverse effects on the
groundwater supplies of the district, the board of directors may make
an order that water produced from the water-producing facility or
facilities shall be exempted from any or all of the following:
(A) The payment of all or any portion of the replenishment
assessments.
(B) The levy of all or any portion of the basin equity assessment
applicable to the owner or operator of the facility or facilities.
(C) The production requirements and limitations as provided in this
act.
(2) If the board of directors finds and determines that the water produced
from the facility or facilities or any of them has or will have a beneficial
effect upon the quality of the water supplies of the district, the board of
directors may make an order that water produced from the water-
producing facility or facilities shall be exempted from either or both of
the following:
(A) The levy of all or any portion of the basin equity assessment
applicable to the owner or operator of the facility or facilities.
(B) The production requirements and limitations as provided in this
act.
(e) Nothing contained in this section shall exclude the operator of any water-
producing facility exempted from the payments of all or any portion of
Orange County Water District Act
54
replenishment assessments from affixing a water-measuring device to the
facility as provided in Section 35 or from filing the water production statements
provided for in Section 29.
(f) The board of directors of the district may from time to time require that the
owner of any water-producing facility or facilities, which are exempted from the
payment of all or any portion of either the replenishment assessments or the
basin equity assessments, or from the production requirements or limitations,
provide additional water quality analyses of water being produced from any
water-producing facility which has been so exempted.
(g) The district shall at all times have the right to enter upon the premises where
an exempted water-producing facility or facilities are located for the purpose of
obtaining samples of the water being produced.
(h) If at any time it appears that the quality of water being produced from a water-
producing facility which has been exempted from payment of all or any portion
of the replenishment assessments, from the levy of all or any portion of the
basin equity assessment applicable to the owner or operator of that facility or
facilities, or from the production requirements and limitations, has become
suitable for domestic or irrigation purposes, or if at any time it appears that the
production of that water does not have a beneficial effect upon the quality of
the water supplies of the district, the board of directors shall fix a time for a
hearing to determine whether the water produced from the water-producing
facility either:
(1) Has become suitable for domestic or agricultural purposes in the case
of any exemption granted under paragraph (1) of subdivision (d).
(2) That the production of that water no longer has a beneficial effect upon
the quality of the water supplies of the district in the case of any
exemption granted under paragraph (2) of subdivision (d). The board
of directors of the district shall cause a notice of the hearing to be
published one time, at least 10 days before the date fixed for the
hearing, in a newspaper of general circulation printed and published
within the district. A copy of the notice shall be mailed to the owner of
the water-producing facility by first-class mail with postage prepaid not
less than seven days prior to the date of the hearing.
(i.) If upon the hearing, the board of directors finds and determines either that the
quality of the water being produced from the water-producing facility has
become suitable for domestic or irrigation purposes or that the production of
water therefrom will have an adverse effect on the groundwater supplies of the
district in the case of any exemption granted under paragraph (1) of
Orange County Water District Act
55
subdivision (d), or that the production of water from the water-producing facility
does not have a beneficial effect upon the quality of the water supplies of the
district in the case of any exemption granted under paragraph (2) of
subdivision (d), the board of directors shall make an order that the exemption
or exemptions previously granted with respect to that water production shall
be canceled or modified. Notice of the cancellation or modification of any
exemption shall be sent to the owner of the specified water-producing facility
by first-class mail with postage prepaid. The effective date of the cancellation
or modification of any exemption shall be 10 days after the date of mailing of
the notice of cancellation or modification.
Section 39 Acquisition of right to flood; relocation of streets; etc.
In case any street, road, highway, railroad, canal, or other property subject or devoted to
public use shall become subject to flooding or other interference by reason of the
construction or proposed construction of any works of the district or project the board of
directors of the district may acquire by agreement or condemnation the right so to flood or
otherwise interfere with such property, within or without the district whether it be publicly or
privately owned, and if such right be acquired by condemnation, the judgment may, if the
court shall find that public necessity or convenience so requires, direct the district to relocate
such street, road, highway, railroad, canal or other property in accordance with plans
prescribed by the court. The right-of-way is hereby given, dedicated and set apart to locate,
construct and maintain any of the works of the district over and through any of the lands
which are now, or may become the property of this state and also there is given, dedicated
and set apart, for the uses and purposes aforesaid, all waters and water rights belonging to
this state within the district.
Section 40 Repealed by Stats. 1970, c. 447, p. 896, § 36
Section 41 Unauthorized indebtedness
The board of directors or other officers of said district shall have no power to incur any debt
or liability whatever in excess of the express provisions of this act; and any debt or liability
incurred in excess of such express provisions shall be and remain absolutely void.
Section 42 Unpaid warrants; registration; interest; subsequent payment
Whenever any warrant of the district payable on demand is presented to the treasurer for
payment when funds are not available for the payment thereof, it shall thereafter draw
interest at a rate to be determined by resolution of the board of directors, not, however, to
exceed seven per centum per annum, until public notice is given that such funds are
available. Upon the presentation of any such warrants for payment, when funds of the
district are not available to pay the same, the treasurer shall endorse thereon the words
"funds not available for payment," with the date of presentation and shall note thereon the
rate of interest that such warrant shall thereafter bear and shall sign his name thereto. He
Orange County Water District Act
56
shall keep a record showing the number and amount of each such warrant, the date of its
issuance, the person in whose favor it was issued, and the date of its presentation for
payment. Whenever there is sufficient money in the treasury to pay all such outstanding
warrants or whenever the board of directors shall order that payment shall be made of all
such warrants presented for payment prior to a certain date, and there is sufficient money
available for such payments, the treasurer shall give notice by publication in some
newspaper published in the district, stating that he is prepared to pay all warrants of the
district for the payment of which funds were not available upon their original presentation, or
all such warrants which were presented for payment prior to the date fixed by the board of
directors, as the case may be, and no further description of the warrants entitled to payment
need be made in the notice. Upon the presentation of any warrant entitled to payment under
the terms of the notice, the treasurer shall pay it, together with interest thereon at the rate
specified by the board of directors, from the date of its original presentation for payment to
the date of the first publication of said notice, and all warrants for the payment of which funds
are declared in the notice to be available shall cease to draw interest at the time of the first
publication of the notice. The treasurer shall enter in the record hereinbefore required to be
kept, the dates of the payment of all such warrants, the names of the persons to whom
payments are made and the amount paid to each person.
Section 43 Tax exemption of certain district property
The rights of way, ditches, flumes, pipe lines, dams, water rights, reservoirs, and other
property of like character, belonging to the district shall not be taxed for State and county or
municipal purposes.
Section 44 Action to test validity of assessment
An action to determine the validity of an assessment may be brought pursuant to Chapter 9
(commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
Section 45 Statement, report, notice or other document required to be filed
or given to district; date of filing or giving
Any statement, report, notice, or other document required by this act to be filed with or given
to the district shall be deemed filed or given as of the date the same is physically delivered to
the district office or as of the date it is postmarked when the same is placed in the United
States mail addressed to the district at its office with first-class postage prepaid.
Section 46,47 Repealed by Stats. 1961, c. 1510, p. 3356, §§ 2 to 4
Section 48 Limitation of actions
No contest of any thing or matter herein provided for shall be made other than within the
time and manner herein specified, and in any such contest the findings of facts or
conclusions of said board of directors, upon all matters, shall be conclusive, unless the
Orange County Water District Act
57
action be instituted within six months after such findings or conclusion was made, except as
otherwise provided in this act.
Section 49 Willful violation of duty
For any willful violation of any express duty herein provided for, on the part of any officer
herein named, he shall be liable upon his official bond, and be subject to removal from office,
by proceedings brought in the superior court of Orange County by any assessment payer of
the district.
Section 50 Annexation; authorization; effect
The boundaries of said district may be changed to include within said district additional land
whether contiguous or not as hereinafter in this act provided, and the inclusion within said
district of such lands shall be deemed to effect a change of the boundaries of said district;
but no change in the boundaries of said district shall impair or affect its organization or its
right in or to property, or any of its rights or privileges of whatever kind or nature, nor shall it
affect, impair or discharge any contract, obligation, lien or charge for or upon which it was or
might become liable or chargeable had such change of its boundaries not been made.
Whenever additional land is included within said district, whether contiguous or not, the
inclusion may be upon such reasonable terms and conditions as said district determines.
Section 51 Annexation; petition
The holder or holders of title, or a majority of the holders of title, of any tract or parcel of land
contiguous or noncontiguous to the boundaries of said district, and within the County of
Orange, may file in the office of the board of directors of said district, a petition praying that
said tract or parcel of land be included within said district; provided, that if there is more than
one holder of title of said land, the petitioners must include the holders of title of at least one-
half of the area of said land. If any petitioner is the owner of an undivided interest in any land
described in the petition, he shall be deemed to be the owner of such proportion of the area
of the land in which he has an interest as his interest bears to the whole of such land.
Each signature to such petition shall be acknowledged as provided by law for signatures to
an instrument to entitle it to be recorded.
Section 52 Annexation; notice to show cause
The secretary of the board of directors shall cause a notice of the filing of the petition to be
published in the district pursuant to Section 6066 of the Government Code. The notice shall
state the purpose of the petition and describe the boundaries of the tract of land proposed to
be included and give the names of the petitioners, and it shall notify all persons interested in
or that may be affected by the proposed inclusion of the land within the district to appear at
the office of the board at a time named in the notice for the hearing of the petition, and
objections thereto and show cause in writing, why the land or any of it should not be included
Orange County Water District Act
58
as proposed in the petition. The time to be specified in the notice for the hearing of the
petition and any objections thereto shall be a meeting of the board after the expiration of the
time for the publication of the notice. The petitioners shall advance to the secretary sufficient
money to pay for the publication of the notice, otherwise the secretary shall refuse to publish
the notice.
Section 53 Annexation; hearing upon petition and objections
The board of directors, at the time and place mentioned in the said notice, or at such other
time or times to which the hearing of said petition may be adjourned, shall proceed to hear
the petition, and all the objections thereto, presented in writing by any person showing cause
as aforesaid why said proposed change of the boundaries of the district should not be made.
The failure by any person interested in said district, or in the matter of the proposed change
of its boundaries, to show cause, in writing, as aforesaid, shall be deemed and taken as an
assent on his part to a change of the boundaries of the district as prayed for in said petition,
or to such a change thereof as will include a part of said lands. And the filing of such petition
with said board, as aforesaid, shall be deemed and taken as an assent on the part of each
and all of such petitioners to such a change of said boundaries that they will include the
whole or any portion of the lands described in said petition.
Section 54 Annexation; condition to grant
The board of directors to whom said petition is presented may require, as a condition
precedent to the granting of the same, that the petitioners shall severally pay to the district,
such respective sums, as nearly as the same can be estimated (the several amount to be
determined by the board), as said petitioners or their grantors would have paid in the
aggregate to said district had said lands been included in such district at the time the same
was originally formed.
Section 55 Annexation; determination; inclusion order; agreement to
conditions; notice to show cause regarding conditions; dismissal
of petition
If the board of directors, after the hearing provided for in section 53 hereof, then shall
determine that said petition complies with the requirements of section 51 hereof, and that the
inclusion within the district of the tract of land described in said petition, or some portion or
portions thereof, will be for the best interests of the district, and if no protest against the
inclusion of such land is made as provided in section 53 hereof, or if such protest be made
and enough signatures be withdrawn therefrom so that said protest is no longer sufficient,
the board shall order the boundaries of the district to be changed so that said tract of land, or
such portion or portions thereof as the board shall deem it for the best interests of the district
to include, shall be included within the district, but no land shall be so included in said district
unless the board, after the hearing aforesaid, shall determine that it can be benefited by
means of some of the works of the district, and if the board determines that only a portion or
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59
certain portions of the tract of land described in said petition should be included, said petition
shall be dismissed unless the petitioners include a majority of the holders of title of said
portion, or of each of said portions, of said tract, representing also at least one-half the area
of said portion, or of each of said portions, or unless, within sixty days from the time such
determination is made, there shall be filed with the board the consent in writing,
acknowledged or proved as required in section 51 hereof, of a majority of the holders of title
of said portion, or of each of said portions of said tract of land, representing also at least
one-half of the area of said portion or of each of said portions. The order shall describe the
boundaries of the land so included within the district, and if said land adjoins any portion of
the district, the order shall also describe that portion of the boundary of the district which
coincides with the boundary of the land so included, and for the purposes of said order the
board may cause a survey to be made of such portions of said boundaries as may be
deemed necessary. If more than one petition for the inclusion of land has been presented,
the board may in one order include within the district any number of separate tracts of land.
When the board finds that the inclusion of any land within the district without condition, would
work an injury to the land already within the district, the board may prescribe conditions upon
such inclusion of land either by providing for priority of right for the land already in the district,
or for the payment of an additional annual charge upon the land included or such other
conditions as the board may deem just. If any such conditions are prescribed by the board
all the owners of the land subject to such conditions must, before any order for its inclusion
i s made, sign an agreement with the district and project, describing the land so to be
included and specifying such conditions. The signatures to said agreement must be
acknowledged or proved as provided by law for the signatures of instrument to be recorded,
and said agreement must be recorded in the office of the county recorder of the county in
which such lands are situated, and thereupon and upon the recording of a copy of the order
including said lands as hereinafter provided, said lands shall become a part of the district,
subject to the conditions of said agreement.
Or in lieu of the execution and recording of said agreement signed and acknowledged by the
owners of land to be included subject to said conditions, the board of directors may adjourn
said hearing for not less than thirty days nor more than sixty days and shall give notice of the
time and place of such adjourned hearing by publication in a newspaper of general
circulation published in said county not less than once a week for three consecutive weeks;
said notice so published shall set out at length the conditions proposed to be imposed and
direct all persons interested to appear at the time and place specified in said notice and
show cause, if any they have, why said conditions should not be imposed. At said hearing,
or at any adjournment thereof duly entered upon the minutes, the board of directors by
resolution may adopt, reject, or modify said conditions as may be just and make the order
hereinabove provided for containing such of said conditions as may have been adopted and
said order shall be final and conclusive upon a copy thereof duly certified by the secretary of
the board being recorded in the office of the county recorder of said Orange County;
provided, that said certified copy of said order shall not be recorded for a period of thirty days
from and after the making of said order, during which thirty days a majority of the holders
of title of the land described in the petition for inclusion and representing also more
Orange County Water District Act
60
than one-half of the area of said tract or tracts of land, may file with the secretary of the
board of directors a statement or statements in writing signed and acknowledged in the form
required for the conveyance of real property, objecting to the inclusion of said lands with the
conditions imposed thereon, whereupon said objections shall be laid before the board of
directors and if the board finds the same to be in the form required by this section and
signed by a majority of the holders of title of the tract or tracts of land described in said
petition for inclusion, and representing more than one-half of the area of land described in
said petition, then the board of directors shall enter in its minutes an order dismissing said
petition for inclusion and no further proceedings shall be had thereupon, but said order of
dismissal shall be without prejudice to the filing of another petition or other petitions for
inclusion of the same land or any part thereof.
Section 56 Annexation; resolution stating facts; undertaking to pay election
costs
If a protest against the inclusion of said lands, signed by not less than three percent of the
holders of title or evidence of title to lands already within the district and holding the title or
evidence of title to not less than three per cent in value of the lands within the district
according to the last equalized assessment roll of said district, shall have been presented to
the board of directors drawn, or after the withdrawal therefrom of any signatures it shall still
be signed by not less than three percent of the holders of title or evidence of title to lands
within the district and holding the title or evidence of title to not less than three per cent in
value of the lands within the district according to the last equalized assessment roll of said
district, or if the board of directors deem it not for the best interests of the district to include
therein the lands described in said petition for inclusion, or any of them, the board shall
adopt a resolution stating the facts and describing the boundary of the tract of land proposed
to be included in the district; but before calling the election provided for in the next section,
the board may require an undertaking with sufficient sureties, from the petitioners for the
inclusion of said land conditioned that the petitioners or the sureties will pay all the costs of
holding said election in case such inclusion shall be denied.
Section 57 Annexation; election
Upon the adoption of the resolution mentioned in the last preceding section, the board shall
order that an election be held within said district, to determine whether the boundaries of the
district shall be changed as mentioned in said resolution; and shall fix the time at which said
election shall be held, and cause notice thereof to be given and published. Said notice shall
be given and published, and said election shall be held and conducted, the returns thereof
shall be made and canvassed, and the result of the election ascertained and declared, and
all things pertaining thereto conducted in the manner prescribed by this act for the holding of
an election for directors. The ballots cast at said election shall contain the words "For change
of boundary," or "Against change of boundary," or words equivalent thereto. The notice of
election shall describe the proposed change of the boundaries in such manner and terms
that it can readily be traced.
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Section 58 Annexation; order conforming to result of election
If a majority of all the votes cast at said election shall be against such change of the
boundaries of the district, the board shall order that said petition be denied, and shall
proceed no further in that matter. But if a majority of such votes be in favor of such change
of the boundaries of the district, the board shall thereupon order that the boundaries be
changed in accordance with said resolution adopted by the board. The said order shall
describe the entire boundaries of said district, and for that purpose the board may cause a
survey of all such portions thereof to be made as the board may deem necessary.
Section 59 Annexation; sufficient protest; finding of best interest; election
If a sufficient protest against the inclusion of any lands shall have been presented to the
board of directors and maintained as provided in section 56, and the board of directors
nevertheless finds and declares that the inclusion of said lands or a portion thereof with
certain conditions imposed will be for the best interests of the district, the board shall
proceed the same as if no protest had been filed until the conditions imposed shall become
final as provided by section 55 except that the order changing the boundaries of the district,
with such conditions upon the lands to be included as may have been imposed shall not be
recorded in the office of the county recorder and said order shall not be effective for any
purpose until, as the result of an election thereon, which the board shall thereupon order as
provided by section 57 it is found and declared by the board that a majority of all the votes
cast at said election were in favor of said change in boundaries with the conditions named.
Thereupon a certified copy of the order changing the boundaries with the conditions imposed
set out therein, together with a certified copy of the order declaring the result of said election,
shall be recorded as provided by section 55 and become final. The same procedure
regarding such election shall be followed as provided by section 57, except that the ballot
cast at said election shall contain the words "For change of boundaries with conditions" or
"Against change of boundaries with conditions" and the notice of election in addition to other
requirements, shall contain a brief statement of the conditions imposed. If a majority of all
the votes cast at said election shall be against such change of boundaries with conditions,
the board shall order that the petition be denied.
Section 60 Annexation; record of boundary change; effect
Upon a change of the boundaries of a district, a copy of the order of the board of directors
ordering said change, certified by the president and secretary of the board, shall be filed for
record in the recorder's office of said Orange County, and thereupon the district shall be and
remain a district, as fully, and to every intent and purpose, as if the lands which are included
in the district by the change of the boundaries, as aforesaid, had been included therein at the
original organization of the district.
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Section 61 Annexation; minute entry; evidence
Upon the filing of the copies of the order, as in the last preceding section mentioned, the
secretary shall record in the minutes of the board the petition aforesaid; and the said
minutes, or a certified copy thereof, shall be admissible in evidence, with the same effect as
the petition.
Section 62 Annexation; powers of guardian; executor or administrator
A guardian, an executor or an administrator of an estate, who is appointed as such under the
laws of this State, and who, as such guardian, executor, or administrator, is entitled to the
possession of the lands belonging to the estate which he represents on behalf of his ward, or
of the estate which he represents, upon being thereunto authorized by the proper court, may
sign and acknowledge the petition in this act mentioned, and may show cause, as in this act
mentioned, why the boundaries of the district should not be changed.
Section 63 Annexation; liability of included land
Any land added to the district as hereinabove provided shall become liable for all the
obligations of the district existing at the time of the inclusion of said land therein.
Section 64 Annexation; division and precinct boundaries
In case land is included within the district as aforesaid, the board of directors thereof, not
less than 30 days before any election in said district thereafter, shall reestablish the
boundaries of the divisions and election precincts within said district, so as to include said
land therein and so as to make said divisions as nearly equal in population as may be
practicable. In case of the inclusion of any land less than 30 days before an election within
said district, the inhabitants of the land so included shall not be entitled to vote at said
election. Such included land shall become part of existing divisions of said district and by
inclusion of additional lands the number of the divisions of said district or the number of
directors of said district shall not be changed.
Section 65 Exclusion of lands; authorization; effect
The boundaries of the district may be changed, and tracts of land which were included within
the boundaries of the district at or after its organization under the provisions of this act, may
be excluded therefrom, in the manner herein prescribed; but neither such change of the
boundaries of the district nor such exclusion of lands from the district shall impair or affect its
organization, or its right in or to property, or any of its rights or privileges of whatever kind or
nature; nor shall it affect, impair, or discharge any contract, obligation, lien, or charge for or
upon which said district was and may become liable or chargeable, had such change of its
boundaries not been made, or had not such land been excluded from the district.
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63
Section 66 Exclusion of lands; petition
The owners or owners in fee of one or more tracts or parcels of land which constitute a
portion of the district may jointly or severally file with the board of directors of the district a
petition, praying that such tract or tracts, and any other tracts within the district contiguous or
adjacent thereto, may be excluded and taken from said district. The petition shall state the
grounds and reasons upon which it is claimed that such lands should be excluded, and shall
describe the boundaries thereof, and also the lands of such petitioner or petitioners which
are included within such boundaries; but the description of such lands need not be more
particular or certain than is required when the lands are entered in the assessment book by
the county assessor. Such petition must be acknowledged in the same manner and form as
is required in the case of a conveyance of land, and the acknowledgment shall have the
same force and effect as evidence as the acknowledgment of such a conveyance.
Section 67 Exclusion of lands; notice to show cause
The secretary of the board of directors shall cause a notice of the filing of the petition to be
published in the district pursuant to Section 6066 of the Government Code. The notice shall
state the filing of the petition, the names of the petitioners, a description of the lands
mentioned in the petition, and the prayer of the petition; and it shall notify all persons
interested in, or who may be affected by the change of the boundaries of the district, to
appear at the office of the board at a time named in the notice, and show cause, in writing,
why the change of the boundaries of the district, as proposed in the petition, should not be
made. The time to be specified in the notice at which they shall be required to show cause
shall be a meeting of the board after the expiration of the time for the publication of the
notice.
Section 68 Exclusion of lands; hearing upon petition and objections
The board of directors, at the time and place mentioned in the notice, or at the time or times
to which the hearing of said petition may be adjourned, shall proceed to hear the petition,
and all evidence or proofs that may or shall be introduced by or on behalf of the petitioner or
petitioners, and all objections to such petition that may or shall be presented in writing by any
person showing cause as aforesaid, and all evidence and proofs that may be introduced in
support of such objections. The failure of any person interested in said district to show
cause, in writing, why the tract or tracts of land mentioned in said petition should not be
excluded from said district, shall be deemed and taken as an assent by him to the exclusion
of such tract or tracts of land, or any part thereof, from said district; and the filing of such
petition with said board, as aforesaid, shall be deemed and taken as an assent by each and
all such petitioners to the exclusion from such district of the lands mentioned in the petition,
or any part thereof. The expenses of giving said notice and of the aforesaid proceeding shall
be paid by the person or persons filing such petition.
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64
Section 69 Exclusion of lands; hearing; grant or denial of petition
If, upon the hearing of any such petition, no evidence or proofs in support thereof be
introduced, or if the evidence fail to sustain said petition, or if the board deem it not for the
best interest of the district that the lands, or some portion thereof, mentioned in the petition,
should be excluded from the district, the board shall order that said petition be denied as to
such lands; but if the said board deem it for the best interest of the district that the lands
mentioned in the petition, or some portion thereof, be excluded from the district, and if no
person interested in the district show cause in writing why the said lands or some portion
thereof, should not be excluded from the district, or if, having shown cause, withdraws the
same, or upon the hearing fails to establish such objections as he may have made, then it
shall be the duty of the board to, and it shall forthwith, make an order that the lands
mentioned and described in the petition, or some defined portion thereof, be excluded from
said district; provided, that it shall be the duty of said board to order, upon petition therefor
as aforesaid, that all lands so petitioned to be excluded from said district shall be excluded
therefrom which in the judgment of the board will not be benefited by the operations of the
district.
Section 70 Repealed by Stats. 1953, c. 770, p. 2071, § 62
Section 71 Exclusion of lands; redetermination of boundaries
In the event the said board of directors shall exclude any lands from said district upon
petition therefor, it shall be the duty of the board of directors to make an entry in the minutes
of the board, describing the boundaries of the district, should the exclusion of said lands
from said district change the boundaries of said district, and for that purpose the board may
cause a survey to be made of such portions of the district as the board may deem
necessary; and a certified copy of the entry in the minutes of the board excluding any land,
certified by the president and secretary of the board, shall be filed for record in the recorder's
office of each county within which are situated any of the lands of the district; but said
district, notwithstanding such exclusion, shall be and remain a district as fully, to every intent
and purpose, as it would be had no change been made in the boundaries of the district, or
had the lands excluded therefrom never constituted a portion of the district.
Section 72 Exclusion of lands; division and precinct boundaries
In case land is excluded from the district as aforesaid, the board of directors thereof not less
than 30 days, before any election in such district thereafter, shall reestablish the boundaries
of the divisions and election precincts within said district, so as to make said divisions as
nearly equal in population as may be practicable.
Section 73 Exclusion of lands; powers of guardian, executor or
administrator
A guardian and executor, or an administrator of an estate, who is appointed as such under
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65
the laws of this State, and who, as such guardian, executor, or administrator, is entitled to
the possession of the lands belonging to the estate which he represents, may, on behalf of
his ward, or the estate which he represents upon being thereto properly authorized by the
proper court, sign and acknowledge the petition in this act mentioned, and may show cause,
as in this act provided, why the boundaries of the district should not be changed.
Section 74 Exclusion of lands; liability of excluded lands
Nothing in this act provided shall, in any manner, operate to release any of the lands so
excluded from the district from any obligation to pay, or any lien thereon at the time of the
filing of said petition for the exclusion of said lands, but upon the contrary, said lands shall be
held subject to said lien and answerable and chargeable for and with the payment and
discharge of all of said outstanding obligations at the time of the filing of the petition for the
exclusion of said land, as fully as though said petition for such exclusion were never filed and
said order or decree of exclusion never made; and for the purpose of discharging such
outstanding indebtedness, said lands so excluded shall be deemed and considered as part
of the district the same as though said petition for its exclusion had never been filed or said
decree of execution never made; and all provisions which may have been resorted to compel
the payment by said lands of its quota or portion of said outstanding obligations, had said
exclusion never been accomplished, may, notwithstanding said exclusion, be resorted to
compel and enforce the payment on the part of said lands of its quota and portion of said
outstanding obligations of the district for which it is liable, as herein provided. But said land
so excluded shall not be held answerable or chargeable for any obligation of any nature or
kind whatever, incurred after the filing with the board of directors of the district of the petition
for the exclusion of said lands from the district.
Section 74.1 to 10 Repealed by Stats. 1951, c. 190, p. 440, § 1
Section 75 Liberal construction
CONSTRUCTION OF ACT. This act, and every part thereof, shall be liberally construed to
promote the objects thereof, and to carry out its intents and purposes.
Section 76 Partial invalidity
CONSTITUTIONALITY. In case any section or sections, or part of any section, of this act,
shall be found to be unconstitutional or invalid, for any reason, the remainder of the act shall
not be invalidated thereby, but shall remain in full force and effect.
Section 77 Vested rights
Nothing in this act contained shall be so construed as to affect or impair the vested right of
any person, association or corporation to the use of water.
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Section 78 Title of act
TITLE. This act may be designated and referred to as the "Orange County Water District
Act," and any reference thereto by such designation shall be deemed sufficient for all
purposes.
* * * * *
SUPPLEMENTARY REGULATIONS
58 91, CHAPTER 770, CALIFORNIA STATUTES OF 1953 (SECTION 64, 65)
The following sections were enacted as part of SB 91, Chapter 770, California Statutes of
1953, but not as amendments to the Orange County Water District Act.
Section 64. Nothing contained in this act does, nor shall the same be construed to, grant
any new or additional rights or powers to, nor impair any existing rights of, the
Orange County Water District as against any property or water rights in the
Counties of San Bernardino and Riverside, either with respect to rights to
appropriate water, the taking of property, the power of eminent domain, the
right to intervene in litigation, or the right to act as against such property or
water rights within said Counties of San Bernardino and Riverside.
Section 65. If any provision of this act or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the act which can be given without the invalid provision or
application, and to this end the provisions of this act are severable.
* * * * *
SB 1371, CHAPTER 1812, CALIFORNIA STATUTES OF 1961(SECTION 5)
The following section was enacted as part of SB 1371, Chapter 1812, California Statutes of
1961, but not as an amendment to the Orange County Water District Act.
Section 5. If any section, subsection, sentence, clause or phrase of this act is for any
reason held to be unconstitutional, such decision shall not affect the validity of
the remaining portions of this act or any portion of the Orange County Water
District Act to which this act is amendatory and supplementary; and if any
additional replenishment assessment levied under Section 27.1 hereof is for
any reason held to be unconstitutional, such decision shall not affect the
validity of any replenishment assessment levied under Section 27 of the
Orange County Water District Act, and the Legislature would have enacted
each section, subsection and sentence hereof independent of each other
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67
section, subsection and sentence and would have enacted such remaining
portion and each of them irrespective of such holding of unconstitutionality as
to any portion which may be held unconstitutional.
* * * * *
PUBLIC WORKS CONTRACTS
SECTION 21040 APPLICATION OF ARTICLE (CHAPTER 1.5)
This article shall apply to contracts by the Orange County Water District, as provided for in
Chapter 924 of the Statutes of 1933.
(Amended by Stats. 2006, Ch. 538, Sec. 556. Effective January 1, 2007.)
SECTION 21041 BINDING CONTRACTS; ENDORSEMENT
The district shall not be bound by any contract except as hereinafter provided unless the
same shall be made in writing approved by resolution of the board of directors and properly
executed by its officers who have been so authorized to do by the district. The approval of
the form of all contracts shall be endorsed thereon by an attorney for the district.
SECTION 21042 CONSTRUCTION; CONTRACTS; WORK BY FORCE ACCOUNT;
BIDS
The district may prescribe methods for the construction of works and for the letting of
contracts for any of the following purposes:
(a.)
The construction of works, structures, or equipment.
(b.)
The performance or furnishing of labor, materials, or supplies, necessary or
convenient for carrying out any of the purposes of this act.
(c.) The acquisition or disposal of any real or personal property.
When work is not to be done by the district itself by force account, and the amount involved
is forty thousand dollars ($40,000), or more, any contract for the doing of the works shall be
made by the district with the lowest and best bidder after the publication pursuant to Section
6061 of the Government Code in a newspaper of general circulation published within the
district, of a notice calling for bids and fixing a period during which bids will be received,
which shall be not less than 10 days after the publication of notice. The district may reject
any and all of the bids presented and may readvertise in its discretion. After rejecting bids,
or if no bids are received, the district may determine and declare that in its opinion, based on
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68
estimates submitted by the engineer for the district, any work may be performed better or
more economically by the district with its own employees, or after hiring additional
employees; and after the adoption of a resolution to this effect by at least seven affirmative
votes of the directors of the district, the district may proceed to have that work done in the
manner stated and without further observance of the provisions of this section.
SECTION 21043 RESPONSE TO EMERGENCY IN ACCORDANCE WITH
PROVISIONS RELATING TO MINORITY AND WOMEN
BUSINESS ENTERPRISES
(a.)
Contracts may be let or work undertaken without advertising for bids in an
emergency.
(b.)
In case of an emergency, if notice for bids to let contracts will not be given, the
board of directors shall comply with Chapter 2.5 (commencing with Section
22050).
SECTION 21044 CONTRACTS EXCLUDED FROM COMPETITIVE BIDDING
REQUIREMENT
Contracts, in writing or otherwise, for the acquisition or disposal of any real property, for the
acquisition or leasing of personal property, the purchase of water to replenish the
groundwater supplies of the district, the repair of district equipment or structures, and for
legal, engineering, and other professional services may be let without calling for competitive
bids.
SECTION 21045 FAITHFUL PERFORMANCE BOND; DIRECTION AND
APPROVAL OF WORK
(a.)
The district shall require a person to whom the district awards a contract as a
result of advertising for bids to enter into a bond, with good and sufficient
sureties, to be approved by the board, payable to the district for its use, for at
least 25 percent of the amount of the estimated contract price, conditioned for
the faithful performance of the contract.
(b.)
The general manager of the district may require a person to whom the district
awards a contract without advertising for bids to enter into a bond in
accordance with subdivision (a).
(c.) The work shall be done under the direction and to the satisfaction of the
district engineer, and be subject to approval by the board.
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69
DEERING'S WATER CODE OF THE STATE OF CALIFORNIA
CHAPTER 2: COMPENSATION OF WATER DISTRICT DIRECTORS
SECTION 20200 "WATER DISTRICT"
As used in this chapter, "water district" means any district or other political subdivision, other
than a city or county, a primary function of which is the irrigation, reclamation, or drainage of
land or the diversion, storage, management, or distribution of water primarily for domestic,
municipal, agricultural, industrial, recreation, fish and wildlife enhancement, flood control, or
power production purposes. "Water districts" include, but are not limited to, irrigation
districts, county water districts, California water districts, water storage districts, reclamation
districts, county waterworks districts, drainage districts, water replenishment districts, levee
districts, municipal water districts, water conservation districts, community services districts,
water management districts, flood control districts, flood control and floodwater conservation
districts, flood control and water conservation districts, water management agencies, water
agencies and public utility districts formed pursuant to Division 7 (commencing with Section
15501) of the Public Utilities Code.
(Amended by Stats. 2007, Ch. 213, Sect. 5. Effective January 1, 2008.)
SECTION 20201 AUTHORIZATION TO PROVIDE AND TO INCREASE
COMPENSATION
Notwithstanding any other provision of law, the governing board of any water district may, by
ordinance adopted pursuant to this chapter, provide compensation to members of the
governing board, unless any compensation is prohibited by its principal act, in an amount not
to exceed one hundred dollars ($100) per day for each day's attendance at meetings of the
board, or for each day's service rendered as a member of the board by request of the board,
and may, by ordinance adopted pursuant to this chapter, in accordance with Section 20202,
increase the compensation received by members of the governing board above the amount
of one hundred dollars ($100) per day.
It is the intent of the Legislature that any future increase in compensation received by
members of the governing board of a water district be authorized by an ordinance adopted
pursuant to this chapter and not by an act of the Legislature.
For purposes of this section, the determination of whether a director’s activities on any
specific day are compensable shall be made pursuant to Article 203 (commencing with
Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
(Amended by Stats. 2005, Ch. 700, Sec. 27. Effective January 1, 2006.)
Orange County Water District Act
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SECTION 20201.5 REIMBURSEMENT FOR EXPENSES
Reimbursement for expenses of members of a governing board of a water district is subject
to Sections 53232.2 and 53232.3 of the Government Code.
(Added by Stats. 2005, Ch. 700, Sect. 28. Effective January 1, 2006.)
SECTION 20202 YEARLY CEILING ON COMPENSATION INCREASE;
LIMITATION ON NUMBER OF COMPENSABLE DAYS
In any ordinance adopted pursuant to this chapter to increase the amount of compensation
which may be received by members of the governing board of a water district above the
amount of one hundred dollars ($100) per day, the increase may not exceed an amount
equal to 5 percent, for each calendar year following the operative date of the last adjustment,
of the compensation which is received when the ordinance is adopted.
No ordinance adopted pursuant to this chapter shall authorize compensation for more than a
total of 10 days in any calendar month.
SECTION 20203 AUTHORITY TO ADOPT ORDINANCES; NOTICE AND HEARING
Any water district described in Section 20201 is authorized to adopt ordinances pursuant to
this chapter. No ordinance shall be adopted pursuant to this chapter except following a
public hearing. Notice of the hearing shall be published in a newspaper of general
circulation pursuant to Section 6066 of the Government Code.
SECTION 20204 EFFECTIVE DATE OF ORDINANCES; VOTERS' RIGHT TO
PETITION FOR REFERENDUM
An ordinance adopted pursuant to this chapter shall become effective 60 days from the date
of its final passage. The voters of any water district shall have the right, as provided in this
chapter, to petition for referendum on any ordinance adopted pursuant to this chapter.
SECTION 20205 SUSPENSION OF ORDINANCE; NUMBER OF SIGNATURES
NECESSARY TO SUBJECT ORDINANCE TO REFERENDUM
If a petition protesting against the adoption of the ordinance is presented to the governing
board of the water district prior to the effective date of the ordinance, the ordinance shall be
suspended and the governing board shall reconsider the ordinance.
If the number of votes cast for all candidates for Governor at the last gubernatorial election
within the boundaries of the water district exceeds 500,000, the ordinance is subject to
referendum upon presentation of a petition bearing signatures of at least 5 percent of the
entire vote cast within the boundaries of the water district for all candidates for Governor at
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the last gubernatorial election. If the number of votes cast for all candidates for Governor at
the last gubernatorial election within the boundaries of the water district is less than 500,000
the ordinance is subject to referendum upon presentation of a petition bearing signatures of
at least 10 percent of the entire vote cast within the boundaries of the water district for all
candidates for Governor at the last gubernatorial election.
SECTION 20206 PROCEDURE FOLLOWING ORDINANCE PROTEST PETITION
If the governing board does not entirely repeal the ordinance against which a petition is filed,
the governing board shall submit the ordinance to the voters either at a regular election or a
special election called for the purpose. The ordinance shall not become effective unless and
until a majority of the votes cast at the election are cast in favor of it. If the ordinance is not
approved by the voters, no new ordinance may be adopted by the governing board pursuant
to this chapter for at least one year following the date of election.
SECTION 20207 APPLICABILITY OF ELECTIONS CODE
Except as otherwise provided in this chapter, the provisions of the Elections Code applicable
to the right of referendum on legislative acts of districts shall govern the procedure on
ordinances against which a petition is filed
