BILL NUMBER: AB 2483 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
AMENDED IN ASSEMBLY MARCH 22, 2010
INTRODUCED BY Assembly Member Coto
(Coauthors: Assembly Members Beall, Caballero, Fong, and Torrico)
(Coauthor: Senator Maldonado)
FEBRUARY 19, 2010
An act to repeal the Santa Clara Valley Water District Act
(Chapter 1404 of the Statutes of 1951) and to add Division 50
(commencing with Section 100000) to the Water Code, relating to the
Santa Clara Valley Water District.
LEGISLATIVE COUNSEL'S DIGEST
AB 2483, as amended, Coto. Santa Clara Valley Water District.
(1) The Santa Clara Valley Water District Act establishes the
Santa Clara Valley Water District and specifies its powers and
purposes relating to water supply and flood management. Under the
act, a person who violates an ordinance of the district is guilty of
a misdemeanor.
This bill would repeal that act and would enact a substantially
revised codified version of that act as the Santa Clara Valley Water
District Act (new act). The new act would establish the Santa Clara
Valley Water District and specify its powers and purposes relating to
integrated management of water supply, watershed stewardship,
groundwater management, and flood management. This bill, by revising
the responsibilities of the district, would impose a state-mandated
local program. A person who violates a district ordinance that
implements the authority of the district, as revised, would be guilty
of a misdemeanor. By expanding the scope of an existing crime, the
bill would impose a state-mandated local program.
(2) This bill would make legislative findings and declarations as
to the necessity of a special statute for the Santa Clara Valley
Water District.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) In 1951 the Legislature created what is now the Santa Clara
Valley Water District to meet the water supply needs of Santa Clara
County.
(b) Over the ensuing years the Santa Clara Valley Water District
Act has evolved as the district has merged with other entities and
has taken on additional missions, including flood protection and
watershed stewardship.
(c) The water resource challenges facing Santa Clara County today
require an integrated comprehensive water resources management
approach to adaptively manage through changing conditions and an
uncertain future.
(d) There is a need to revise the Santa Clara Valley Water
District Act to strengthen the district's ability to provide local
control of water resources within the county; to make the language
clear and accessible to the public and policy makers; to add
accountability and transparency; and both to reflect current
circumstances and to provide the flexibility necessary to address
future challenges.
SEC. 2. The Santa Clara Valley Water District Act (Chapter 1404 of
the Statutes of 1951) is repealed.
SEC. 3. Division 50 (commencing with Section 100000) is added to
the Water Code, to read:
DIVISION 50. SPECIAL WATER DISTRICT ACTS
PART 1. SANTA CLARA VALLEY WATER DISTRICT ACT
CHAPTER 1. GENERAL PROVISIONS
100000. This part shall be known, and may be cited, as the Santa
Clara Valley Water District Act.
100001. A special district is hereby created for water and
resource management to be called the Santa Clara Valley Water
District. The jurisdiction of the district consists of all the
territory of the County of Santa Clara lying within the exterior
boundaries of the county. As used in this part, "district" means the
Santa Clara Valley Water District.
100002. (a) The Legislature finds and declares all of the
following:
(1) The State of California and its people have a primary interest
in securing to the inhabitants and owners of the lands and
improvements within Santa Clara County the greatest possible use,
conservation, management, and protection of the waters within the
county for the common benefit of water users within the district.
(2) The Santa Clara Valley Water District has provided needed
public services, facilities, and supplies to residents of Santa Clara
County since its creation by the Legislature pursuant to Chapter
1405 of the Statutes of 1951, and to most efficiently and effectively
use, conserve, manage, and protect the waters of Santa Clara County
for the public good, the modifications made in the act adding this
part are warranted.
(3) This part is intended to increase accountability and
transparency, strengthen environmental commitments, improve water
quality protection and sustainability, provide protection from
floodwaters, and enhance water supply and water supply reliability.
(4) Comprehensive, integrated water resource management
contributes to and enhances the well-being and the social, economic,
and ecosystem sustainability of Santa Clara County.
(5) An integrated approach to providing effective flood protection
measures, managing a sustainable water supply, preventing land
subsidence, and supporting healthy watersheds is increasingly
critical to provide for the community now and into the future.
(6) Collaboration with federal, state, regional, and local
agencies, water retailers and the community is required to meet these
water resource management goals.
(b) Through this part, the Legislature intends to authorize the
district to utilize an integrated water management approach to
provide a broad variety of benefits to Santa Clara County, including
meeting existing and future water demands; protecting and improving
the quality of water sources and supplies; providing flexibility to
deal with extreme hydrological events, such as droughts and floods;
adaptation to and mitigation in response to climate change; and
watershed stewardship to help sustain natural resources.
(c) This part shall be liberally construed to carry out its
purposes and intents.
CHAPTER 2. DEFINITIONS
100020. Unless the context otherwise requires, the definitions in
this part govern the construction of this part.
100021. "Abandoned well" means any well that is one of the
following:
(a) A well, other than a monitoring well, that has been out of
service for one year or more.
(b) A monitoring well from which no measurement or sample has been
taken for a period of three years.
(c) A well that is in a state of disrepair such that it cannot
feasibly be made operational for its intended purpose.
(d) A test hole or exploratory boring 24 hours after construction
and testing work has been completed.
(e) A cathodic protection well that is no longer functional for
its intended purpose.
(f) Any boring that cannot be satisfactorily completed as a well.
100022. "Agricultural water" means water primarily used in the
commercial production of agricultural crops or livestock.
100023. "Board of directors" or "board" means the board of
directors of the district.
100024. "Chief executive officer" means the individual appointed
by the board to manage the district, and may be designated as General
Manager or CEO.
100025. "Conjunctive use" means the coordinated and planned
management of both surface water and groundwater resources to
optimize the availability, reliability, and quality of water supplies
and to meet other overall water resource management objectives.
Water is stored in a groundwater basin for later, planned use by
intentionally recharging the basin with imported and local water
supplies during periods of surplus water supply.
100026. "Contamination" means the degradation of surface water or
groundwater or the impairment of the beneficial uses of such waters
due to physical, chemical, biological, or radiological substances.
100027. "County" means Santa Clara County.
100028. "Designated floodway" means the channel of a stream and
that portion of the adjoining floodplain required to reasonably
provide for the construction of a project for passage of the design
flood, including the lands necessary for construction of project
levees.
100029. "Director" means a member of the board of directors.
100030. "District" means the Santa Clara Valley Water District.
100031. "Extraction" means the act of obtaining groundwater by
pumping or other controlled means.
100032. "Fiscal year" means July 1 of one calendar year to June
30 of the following calendar year.
100033. "Floodplain" means low lying areas bordering a stream
that are inundated periodically by its waters.
100034. "Groundwater" means all water beneath the earth's surface
whether or not flowing through known and definite channels.
100035. "Habitat" means the specific area or environment in which
a particular type of plant or animal lives. To be complete, an
organism's habitat must provide all of the basic requirements of life
for that organism.
100036. "Integrated water management" means a holistic approach
to flood, water resource, and environmental activities.
100037. "Nonagricultural water" means water used for any
beneficial use other than agricultural use, including municipal,
industrial, landscape irrigation, and domestic uses.
100038. "Owner" means the person or persons owning any
water-producing facility or any interest therein other than a lien to
secure the payment of a debt or other obligation.
10038. "Record owner" means, for purposes of compliance with the
notice required pursuant to Section 100125, an owner or operator of a
water-producing facility directly liable for paying the groundwater
management charges to the district, or the owner of a parcel on which
a water-producing facility is present, as evidenced by the last
equalized secured property tax assessment tool.
100039. "Operator" means the person operating a water-producing
facility. The owner of such a facility shall be conclusively presumed
to be the operator unless satisfactory showing is made to the
district that the water-producing facility actually is operated by
some other person.
100040. "Person" includes federal, state, and local public
agencies, private corporations, partnerships, limited liability
companies, individuals, or groups of individuals, whether legally
organized or not.
100041. (a) "Production" or "producing" means the extraction or
extracting of groundwater, by pumping or any other method, from
shafts, tunnels, wells (including, but not limited to, abandoned oil
wells), excavations or other sources of groundwater, for domestic,
municipal, irrigation, industrial, or other beneficial use.
(b) "Production" or "producing" excludes any of the following:
(1) The extraction or extracting of groundwater incidentally
produced in the construction or reconstruction of a well.
(2) Water incidentally produced with oil or gas in the production
thereof.
(3) Water incidentally produced in a mining or excavating
operation.
(4) Water incidentally produced in the construction of a tunnel.
(5) Water produced as a result of dewatering activities to avoid
subsurface flooding.
(c) If the groundwater extracted in any one of the circumstances
listed in subdivision (b) is used or sold by the producer for any
domestic, municipal, irrigation, industrial, or other beneficial
purpose, the exclusion from the definition of "production" or
"producing" shall not apply.
100042. "Recycled water" means wastewater that is suitable for
beneficial use as a result of treatment.
100043. "Stewardship" means the careful and responsible
management of the environment and natural resources for the current
and future benefit of the greater community.
100043.5. "Surface water" means water above the natural surface
of the ground, including streams, lakes, and reservoirs.
100044. "Water conservation" means technological or behavioral
improvements in indoor and outdoor residential, commercial,
industrial, institutional, and agricultural water use that lower
demand, lower per capita water use, and result in benefits to water
supply, water quality, and the environment.
100045. "Water-producing facility" means any device or method,
mechanical or otherwise, for the production of water from the
groundwater supplies within the district or a zone of the district.
100046. "Water production statement" means the certified
statement that is submitted by the owner or operator of a
water-producing facility to the district that describes the
production of groundwater from that facility during a specified
period.
100047. "Watershed" means a region or area bounded peripherally
by a divide and draining immediately to a particular watercourse or
body of water.
100048. "Well" means any artificial excavation constructed by any
method for the purpose of extracting water from, or injecting water
into, the underground; monitoring or observing groundwater; obtaining
subsurface data; or installing equipment for electronically
protecting metallic equipment (cathodic protection).
100049. "Zone" or "zones" means an area within the district, as
determined by the board, that will benefit from planning, studies,
management programs, or projects undertaken by the district, in a
manner unique to that area.
CHAPTER 3. PURPOSES AND POWERS
100050. The purpose of this part is to authorize the district to
provide integrated comprehensive protection from flooding,
comprehensive water resource management for all beneficial uses, and
environmental water resources stewardship. In carrying out its
mission, the district may do any of the following:
(a) Protect the people, property, and environmental resources of
the county from the damaging effects of floodwater and stormwater,
including tidal floodwater and the floodwater and stormwater of
streams that have their sources outside the district, but flow into
the district.
(b) Manage and maintain a flood protection system of levees,
channels, drains, debris basins, dams, and other improvements to
protect lives and property.
(c) Provide the inhabitants of the county with a reliable supply
of water of suitable quality sufficient to meet current and long-term
needs.
(d) Protect, augment, and manage the quantity and quality of the
water supplies of the district.
(e) Prevent the waste or diminution of the water supply in the
district.
(f) Preserve open space in the county and collaborate with county
parks and other entities to provide access for trails, open space,
recreational use, or environmental protection on district property.
(g) Protect against land subsidence.
(h) Plan for and respond to climate change impacts.
(i) Encourage the integration of energy and water policies to
increase renewable energy production, to promote water use
efficiency, and to reduce environmental impacts.
(j) Enhance, protect, or restore the health of streams, riparian
corridors, baylands ecosystems, natural resources, and habitats.
(k) Engage in cooperative regional or statewide efforts to carry
out its authority.
100051. The district is hereby declared to be a body corporate
and politic and has the powers expressly granted by this part,
together with other powers reasonably implied from those express
powers, and powers necessary or proper to carry out fully the
provisions of this part including:
(a) All of the following with regard to procedural matters:
(1) To have perpetual succession.
(2) To sue and be sued in the name of the district in all actions
and proceedings in all courts and tribunals of competent
jurisdiction.
(3) To adopt and make changes to a seal.
(4) To employ labor and contract for services consistent with
applicable Public Contract Code provisions.
(5) To enter into contracts and other instruments necessary or
convenient to the exercise of powers under this part.
(6) To have the power and right to disseminate information
concerning the rights, properties, activities, plans, and proposals
of the district.
(7) To adopt, enact, and enforce ordinances to carry out the
purposes and powers of this part.
(8) To adopt and carry out any definite plan or system for
accomplishing, facilitating, or financing any work that may lawfully
be accomplished by the district, and to enforce that plan or system
by resolution or ordinance.
(9) To cooperate with, enter into, and to do any acts necessary
for the proper performance of any agreement with the state, the
United States, any state, city, county, district of any kind, public
or private corporation, association, firm, or individual, for the
ownership, joint acquisition, leasing, disposition, use, management,
construction, installation, extension, maintenance, repair, or
operation of any rights, works, or other property of a kind that
might lawfully be acquired or owned by the district, or for the
lawful performance of any power or purpose of the district provided
for in this part.
(10) To carry on technical and other investigations of any kind
necessary or convenient for the accomplishment of water resource
management authorized by this part. Through inspection warrants, the
district has the right of access through its authorized
representatives to all properties within the district that impact or
relate to groundwater, watercourses, or streams flowing in or into
the district.
(b) All of the following with regard to acquisition of property,
eminent domain, and construction of work:
(1) To acquire by grant, purchase, lease, gift, devise, contract,
or otherwise; and to hold, use, enjoy, sell, let, or dispose of
water, water rights, real and personal property of every kind,
including lands, structures, buildings, rights-of-way, easements, and
privileges.
(2) To Upon payment of just compensation,
to exercise the power of eminent domain, either within or
outside the district, in connection with the purposes and activities
authorized by this part.
(3) To divert any surface water or extract any groundwater, to the
detriment of a person with legal interest in that water, only after
the proper exercise of the power of eminent domain.
(4) To construct, maintain, alter, operate, repair, or remove any
work or improvement, within or outside the district, to carry out any
of the purposes of this part.
(5) To acquire, construct, maintain, operate, and install
landscaping or recreational facilities in connection with any dam,
reservoir, percolation pond, flood protection facility, building, or
other works owned or controlled by the district.
(6) To acquire, construct, maintain, and operate facilities for
the percolation of water.
(7) To acquire, construct, maintain, operate, and install, lease,
and control facilities for the generation, transmission,
distribution, sale, exchange, and lease of electric power.
(8) To participate in the market of credits or other benefits
related to reduction of environmental impacts or improved integrated
resource management.
(9) To enter upon any land to make photographs, studies, surveys,
examinations, or appraisals related to acquisition or use of real
property, and to locate the necessary works of improvement and the
lines for channels, conduits, canals, pipelines, wells,
water-producing facilities, roadways, and other rights-of-way.
(10) To acquire and to hold the capital stock of any mutual water
company or corporation, domestic or foreign, owning water or water
rights, canals, waterworks, franchises, concessions, or rights, when
the ownership of stock is necessary to secure a water supply required
by the district, or any part thereof, upon the condition that when
holding stock, the district is entitled to all the rights, powers,
and privileges, and is subject to all the obligations and liabilities
conferred or imposed by law upon other holders of stock in the same
company.
(11) To cooperate with, enter into, and to do any acts necessary
for the proper performance of any agreement with the state, the
United States, any state, city, county, district of any kind, public
or private corporation, association, firm, or individual, for the
ownership, joint acquisition, leasing, disposition, use, management,
construction, installation, extension, maintenance, repair, or
operation of any rights, works, or other property of a kind that
might lawfully be acquired or owned by the district, or for the
lawful performance of any power or purpose of the district provided
for in this part.
(c) All of the following powers with regard to acquisition,
storage, treatment, and distribution of water:
(1) To appropriate and acquire water and water rights, and to
import water into the district.
(2) To purchase, convey, store, distribute, exchange, or sell
water from any source for purposes of managing the water supplies of
the district.
(3) To store water in surface or underground reservoirs within or
outside the district for the common benefit of the district or of any
zones.
(4) To manage and replenish the groundwater basins within the
district.
(5) To take actions, including imposing restrictions or requiring
inspections, to prevent damage to water supply structures or water
quality from any cause, including, but not limited to, invasive
species, harmful organisms, or harmful substances.
(6) To conserve, treat, extract, inject, reclaim, recycle,
distribute, store, protect, and manage water for present and future
use within the district.
(7) To take actions in order that sufficient water of suitable
quality is available within the district to meet current and
long-term water reliability needs, as well as short-term demands
during critically dry periods, regulatory shortages, emergencies, or
other interruptions in normal supply for all beneficial water uses.
(8) To distribute, sell, or otherwise dispose of, outside the
district, any water not needed for beneficial uses within the
district.
(9) To take any action necessary or appropriate to litigate or
resolve water rights, water quality, or water use issues, within or
outside the district, including, but not limited to, enforcement
actions to prevent the wasteful use of water, harm to water, or to
natural resources within the district.
(10) To enact regulations affirmatively managing the watersheds
within the district, to protect the paramount right of the district
to manage the water supplies of the district for the benefit of its
inhabitants, including regulation of existing and proposed wells,
exportation and pricing of water from the district, or from a zone.
(d) All of the following powers with regard to protection from
flooding:
(1) To manage the flood and stormwaters of the district, including
tidal floodwaters, and the flood and stormwaters of streams that
have sources outside of the district, but that flow into the
district, and to conserve the waters for beneficial purposes.
(2) To protect the watercourses, watersheds, public highways,
health, safety, and property in the district, and streams flowing
into the district, from damage caused by those flood or stormwaters.
(3) To establish designated floodways in accordance with the
Cobey-Alquist Flood Plain Management Act (Chapter 4 (commencing with
Section 8400) of Part 2 of Division 5).
(4) To construct, manage, and maintain all district flood
protection facilities, including levees, modified channels, bypasses,
culverts, floodwalls, detention basins, diversion structures, all
appurtenances and other structures, as well as to utilize
nonstructural methods, for the purpose of containing or conveying
floodwaters in accordance with this part.
(5) To enact regulations to protect flood protection facilities
from activities that could endanger the public health and safety, or
that diminish their ability to achieve their purpose.
(e) All of the following powers with regard to protection of water
quality:
(1) To conduct investigations of the quality of surface water or
groundwater within the district to determine if water is being
degraded, contaminated, or polluted.
(2) To expend funds to perform any cleanup, containment,
abatement, prevention, remedial work, public notification, or
educational public outreach which, in the determination of the board,
is required under regulatory authority of any state or federal
agency or by the magnitude of the endeavor, or the urgent need for
prompt action to prevent, abate, or contain any threatened or
existing contamination of or pollution to the surface water or
groundwater of the district. This action may be taken in addition to
work by the contaminator or polluter, or if the contaminator or
polluter fails to take action. The district may perform the work,
itself, by contract, or in cooperation with any other governmental
entity.
(3) To hold the contaminator or polluter liable for costs if,
pursuant to paragraph (2), the district causes contamination or
pollution to be cleaned up or contained, the effects abated, or other
necessary remedial action is taken to address actual or threatened
contamination or pollution. The person or entity causing or
threatening to cause that contamination or pollution is liable to the
district to the extent of the reasonable costs actually incurred,
including direct staff response costs and overhead. The amount of the
costs, together with court costs and reasonable attorney's fees are
recoverable in a civil action by the district or other means. In such
an action, the necessity for the cleanup, containment, abatement,
remedial work, public notification, or educational public outreach
and the reasonableness of the costs shall be presumed, and the
defendant shall have the burden of proving, that the work was not
necessary, or the costs not reasonable.
(4) To enact ordinances to protect against any water contamination
hazards or potential water quality degradation, or other
circumstances endangering the public health and safety or that render
water unfit for beneficial use.
(5) To prevent unacceptable land surface subsidence or to improve
or protect the quantity or quality of groundwater supplies within the
groundwater basins or a subarea of the basin, by requiring
registration of all wells and controlling groundwater extractions
from the area by regulating, limiting, or suspending extractions from
wells, the construction of new wells, the enlarging or modification
of existing wells, and the reactivation of wells.
(6) To require the sealing of abandoned or unused wells according
to ordinance and to require the county or any incorporated city in
the county to require all persons applying for any land development
permit or approval to show on a map attached to the application the
existence and location of any well on the property. If a well is
shown, the map shall be referred by the county to the district for
review and action prior to approval of the application.
(7) To take any action necessary or appropriate to litigate or
resolve any action or proceeding to prevent public nuisance
interference with, diminution or degradation of, or to declare rights
in the natural flow of, any stream or surface or subterranean supply
of water used or useful for any purpose of the district.
(f) All of the following powers with regard to water resources
stewardship:
(1) To provide for the protection, enhancement, and restoration of
watercourses, watersheds, wetlands, riparian functions, habitat, and
natural resources in connection with carrying out the purposes set
forth in this part.
(2) To prevent contamination, pollution or otherwise rendering
unfit for beneficial use the surface or subsurface water used or
useful in the district.
(3) To provide information, resources, and consultation to the
agencies responsible for land-use decisions or actions that may
affect the health, stability, or function of watercourses,
watersheds, groundwater basins, riparian functions, habitat, and
natural resources within the district.
(4) To collaborate with other entities to provide access for
trails, open space, recreational use, or environmental protection on
district property.
(5) To implement environmental enhancement activities and
mitigation and monitoring of natural resources.
(6) To enact regulations to protect water resources stewardship
facilities from activities that could diminish their ability to
achieve their purpose.
(g) All of the following financial powers:
(1) To establish and collect rates and charges for the
purpose of paying any obligation of the district, and to carry out
any of the purposes of this part.
(2) To prescribe, revise, and collect property-related fees and
charges for facilities, including, but not limited to, flood
protection, stormwater management, storm drainage, mitigation banks,
restoration, enhancement, protection, or preservation of habitats,
furnished or to be furnished to any new building, improvement, or
structure constructed or to be constructed in a zone of the district.
(3) If a drainage or flood control problem is referred to the
district by the County of Santa Clara, or any incorporated city in
the county, as authorized by the Subdivision Map Act (Division 2
(commencing with Section 66410) of Title 7 of the Government Code) or
otherwise, to require the installation of drainage or flood control
improvements necessary or convenient for needs of the zone,
including, but not limited to, residential, subdivision, commercial,
and industrial drainage and flood control needs. Revenues derived
under this section shall be used for the following:
(A) The acquisition, construction, reconstruction, maintenance,
and operation of the flood control or storm drainage facilities of
the zone.
(B) To reduce the principal or interest of any bonded indebtedness
thereof.
(C) To replace funds expended on behalf of that zone.
(4) To incur indebtedness, and to issue bonds.
(5) To cause taxes or assessments to be imposed and collected for
the purpose of paying any obligation of the district, and to carry
out any of the purposes of this part.
(6) To impose groundwater management charges to cover the cost of
groundwater management activities, including conjunctive use, for the
production of water from the groundwater supplies within a zone of
the district that benefits from recharge of groundwater supplies,
from the availability or distribution of imported water, or from the
extraction of groundwater from all water extraction facilities within
the district.
(7) To receive grants and other sources of funding.
(8) To pay to any city, public agency, district, or private
postsecondary educational institution, a portion of the cost of water
imported by that city, public agency, district, or educational
institution into, for use within, and of benefit to, the district.
100052. The district shall not intervene or take part in, or pay
the costs or expenses of, private actions or controversies between
the owners of lands or water rights that do not affect the interests
of the district.
CHAPTER 4. BOARD OF DIRECTORS AND GOVERNANCE
100060. The board of directors shall consist of seven members,
one elected from each of seven electoral districts. The term of
office of a director shall be four years beginning at noon on the
first Friday in December following his or her election. A director
shall hold office until a successor is elected or appointed and
qualified.
100061. (a) On or before June 30, 2010, the board shall adopt a
resolution that divides the district into seven electoral districts
and that assigns a number to each district.
(b) Using the most recent census data as a basis, the electoral
districts shall be as nearly equal in population as possible.
(c) In establishing the boundaries of the electoral districts, the
board may give consideration to the topography, geography,
cohesiveness, contiguity, integrity, compactness of territory, and
the community of interests of the electoral districts.
(d) The board shall review the boundaries of the seven electoral
districts before November 1 of the year following the year in which
each decennial census is taken. The board shall adjust the boundaries
if determined to be necessary in accordance with Section 22000 of
the Elections Code.
100061.5. (a) The first elections for the first, fourth, sixth,
and seventh electoral districts established pursuant to Section
100061 shall be conducted at the November 2, 2010, statewide general
election. The first elections for the second, third, and fifth
electoral districts established pursuant to Section 100061 shall be
conducted at the November 6, 2012, statewide general election.
(b) Elections for the electoral districts established pursuant to
Section 100061 shall be conducted in accordance with the Uniform
District Election Law (Part 4 (commencing with Section 10500) of
Division 10 of the Elections Code).
(c) (1) One director shall be elected in accordance with this
section by the voters of each electoral district.
(2) A candidate for the board of directors shall be a resident,
and a qualified elector, in the electoral district for which he or
she is a candidate.
(3) A director shall continue to reside within the electoral
district during his or her term of office, except that no change in
boundaries of an electoral district shall affect the term of office
of any incumbent director.
(d) The directors elected pursuant to this section shall exercise
their independent judgment on behalf of the interests of the entire
district, including the residents, property owners, and the public as
a whole in furthering the purposes and intent of this part.
(e) Except as otherwise provided in this part, the individuals who
serve on the board of directors on December 31, 2010, in accordance
with the Santa Clara Valley Water District Act (Chapter 1405 of the
Statutes of 1951, as amended) shall continue to serve on the board
established by this part. Accordingly, directors from the second,
third, and fifth supervisorial districts elected in 2008 serve until
noon on December 7, 2012, after the first elections for those seats
are held.
100062. In order to encourage greater participation in the
political process, the board has discretion to uniformly authorize
partial or full payment of fees associated with candidate ballot
statements.
100063. Any vacancy in the office of a director shall be filled
pursuant to Section 1780 of the Government Code. Any director
appointed to fill a vacancy in the office of a director shall be a
qualified elector in the electoral district he or she will represent.
100063.5. (a) While serving as a member of the board of
directors, and for one year immediately following the end of the
director's term of office, no director shall seek or accept
compensated employment with the district.
(b) The board, by ordinance, shall adopt regulations governing the
activities of persons who lobby the district. Those regulations
shall include provisions requiring registration of lobbyists,
reporting requirements governing the activities of lobbyists and
communications with board members, and disclosure by directors of
contact with lobbyists prior to voting on matters related to the
contact. This ordinance shall be adopted no later than July 1, 2010.
(c) (1) No director shall contact staff on behalf of a party who
is bidding, or intends to bid, on a district contract or who has, or
intends, to submit a response to a request for proposals or request
for qualifications, nor shall a director inquire about the identity
of bidders or proposers prior to the time that staff has made a
recommendation for selection of a contractor, vendor, or consultant.
(2) Paragraph (1) does not prohibit a director from making general
inquiries about the status of a particular procurement, or from
providing a member of the public with information about the
appropriate staff contact concerning procurement of goods and
services by the district.
(d) The board shall not authorize severance pay for a
board-appointed employee of the district when the employee
voluntarily separates from district employment. For purposes of this
subdivision, "severance pay" does not include any otherwise lawful
payment required to be paid by the district under a preexisting
employment agreement or under a separation and release agreement
resolving a claim or claims made or threatened to be made against the
district. The board shall not agree to amend an employment contract
after the employee announces or requests a voluntary separation,
except upon a board determination, in open session, that an
adjustment in compensation is required to retain the employee and is
in the best interest of the district.
100064. Each year at a regular board meeting in January, the
board shall select a chairperson and vice chairperson from its
members to serve for a year term.
100065. (a) All meetings of the board shall be called and held in
accordance with the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government
Code).
(b) A public report made pursuant to Section 54957.1 of the
Government Code of actions taken in closed session shall be reflected
in the minutes of the board meeting at which the report was made.
100065.5. (a) (1) Except as provided in paragraph (2), reports
prepared by district staff for the board that recommend action on any
item to be considered at a regular public meeting of the board, or
at a public hearing conducted by the board, shall be made available
to the public no later than six days prior to the date of that
meeting or hearing.
(2) Notwithstanding paragraph (1), the following reports shall be
made available to the public within the time period required by the
Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part
1 of Division 2 of Title 5 of the Government Code):
(A) Reports relating to a contract award, if the contract has been
considered at a prior board meeting.
(B) Reports recommending board action necessary to meet a legal
deadline, including a deadline for a grant funding application.
(C) Reports conveying a recommendation from a board committee.
(D) Reports recommending immediate board action to address urgent
health, safety, or financial matters identified in the report.
(E) Supplemental reports conveying additional information received
after the initial report was released.
(3) If a recommendation in a staff report is revised based upon
direction from a member of the board, the revision shall be disclosed
in the applicable report.
(4) This subdivision does not require the public release of any
document that is exempt from disclosure pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) or any other provision
of law.
100066. (a) The board, in accordance with Chapter 2 (commencing
with Section 20200) of Division 10, may authorize each director to
receive compensation for attendance at meetings of the board and
committees and for other service rendered as a director. A director
shall not receive total compensation, including stipends, expenses,
or benefits, in excess of the amount allowed by law. Reimbursement
for expenses incurred by directors is subject to Sections 53232.2 and
53232.3 of the Government Code.
(b) On a quarterly basis, a report of the expense reimbursements
to each director shall be placed on an open session board meeting
agenda for review and a determination by the board regarding whether
the expense reimbursements comply with the board's reimbursement
policies adopted pursuant to Section 53232.3 of the Government Code.
Only expenses in compliance with those policies shall
may be reimbursed by the district.
100067. The board, by resolution, may establish or eliminate
advisory boards, committees, or commissions as in its judgment will
serve the best interests of the district. At least one such advisory
body shall include representation by users of agricultural water. The
board may assign duties consistent with this part. The composition
of an advisory board, committee, or commission shall be specified in
the creating resolution, and each board, committee, or commission is
required to have at least three members. Members serve at the
pleasure of the board.
100068. A member of the board may be recalled by the voters
pursuant to Chapter 1 (commencing with Section 11000) of Division 11
of the Elections Code.
100069. The board of directors shall serve as the governing body
of the district. The board may take action by motion, resolution, or
ordinance. Unless otherwise provided in this part, the affirmative
vote of a majority of the board is required to pass a motion,
resolution, or ordinance.
100070. A motion is adopted when carried by the required majority
vote.
100071. If more formality than a motion is required or desired to
authorize board action, a resolution recorded in the minutes of the
meeting may be adopted. A resolution is adopted when carried by the
required majority on a rollcall vote.
100072. (a) For those matters of significant legislative
importance that require both formality and the need to obtain input
from the public, the board is authorized to take action through
adoption of an ordinance. An ordinance is subject to referendum by
the electorate.
(b) A public hearing, noticed pursuant to Section 6066 of the
Government Code, is a prerequisite to adoption of an ordinance. To be
valid, an ordinance shall be enacted by a majority on a rollcall
vote documented in the minutes of the board meeting. If publication
is required under state law, only the title and summary of
the ordinance shall be published. An ordinance shall be in full
force and effect 30 days after adoption, or at a later time specified
in the ordinance.
(c) It is a misdemeanor for any person to violate any district
ordinance adopted pursuant to this section from and after the
effective date of the ordinance. The violation is punishable by a
fine not to exceed five hundred dollars ($500), or imprisonment in
the county jail not to exceed 30 days, or both the fine and
imprisonment.
(d) Any violation or threatened violation of a district ordinance
may also be enjoined by civil action.
100073. Prior to adoption of a regulation, the board shall make a
finding that the public necessity requires the action, and the
resolution or ordinance enacted shall state the ultimate facts upon
which the finding is based.
100074. (a) The board may appoint and employ any officers and
positions as desired and prescribe their duties and set their
compensation.
(b) The board appointees shall hire the additional employees
deemed necessary to perform acts necessary or proper to accomplish
the purposes of this part.
(c) Officers and employees shall be employed, suspended, or their
employment terminated in accordance with written rules, regulations,
standards, and procedures for appointment, suspension, and
termination of employment.
100075. At the option of the board, employees appointed by the
board may be required to execute public official bonds before
entering upon the duties of their employment. The district board may
opt for the district to pay for the bonds.
100076. Except as otherwise provided by this part or other
applicable law, Part 3 (commencing with Section 900) and Part 4
(commencing with Section 940) of Division 3.6 of Title 1 of the
Government Code govern claims for money or damages against the
district.
100077. In order to determine the legality of the district's
existence, or of any contract entered into by the district, the
district may institute a proceeding in the superior court of this
state, pursuant to Section 860 of the Code of Civil Procedure. The
State of California shall be a required defendant in the action, and
consent to be named a defendant is given.
CHAPTER 5. ZONES
100080. (a) The board, by resolution, may at any time establish
one or more separate or overlapping zones within the district without
reference to the boundaries of other zones. A zone may be created by
the board upon a determination that it is in the public interest to
provide specific water resource management, flood control or
watershed stewardship services, or levels of service, construct or
improve facilities, or raise revenues, within a defined area of the
district.
(b) The district may provide any service or level of service, or
construct or improve any facility within a zone, that the district is
authorized to undertake in the district as a whole. The district may
exercise any fiscal power within a zone that the district is
authorized to exercise in the district as a whole. Prior to the
imposition of any management charge, the board shall establish the
zones within which the management charge will be effective.
(c) (1) To initiate proceedings for the formation of a new zone,
the board shall adopt a resolution that does all of the following:
(A) States that the proposal is made pursuant to this section.
(B) Sets forth a description of the boundaries of the territory to
be included in the zone.
(C) Describes the reasons for forming the zone.
(D) Identifies the services or levels of service to be provided,
facilities to be constructed or improved, or revenues to be raised,
within the zone.
(E) Describes the methods by which those services or levels of
service, or facilities, will be financed.
(F) Proposes a name or number for the zone.
(2) The formation of a zone may also be initiated by the
submission of a petition signed by not less than 10 percent of the
registered voters residing within the proposed zone. The petition
shall contain all of the information described in subdivision (c).
(3) Upon the adoption of a resolution or the receipt of a petition
pursuant to paragraph (2), the board shall fix the date, time, and
place for the public hearing on the formation of the zone. The
district shall publish notice of the hearing, including the
information described in paragraph (1), pursuant to Section 6061 of
the Government Code. The district shall mail the notice at least 20
days before the date of the hearing to all owners of property within
the proposed zone. The district shall post the notice in at least
three public places within the territory of the proposed zone.
(4) At the hearing described in paragraphs (1) to (3) inclusive,
the board shall hear and consider any protests to the formation of
the zone. If, at the conclusion of the hearing, the board determines
either that more than 50 percent of the total number of voters
residing within the proposed zone have filed written objections to
the formation, or that property owners who own more than 50 percent
of the assessed value of all taxable property in the proposed zone
have filed written objections to the formation, the board shall
terminate the proceedings. If the board determines that the written
objections have been filed by 50 percent or less of those voters or
property owners who own 50 percent or less than the assessed value of
all taxable property in the proposed zone, the board may proceed to
form the zone.
(5) If the resolution or petition proposes that work within the
zone is to be financed by special taxes, benefit assessments, fees,
standby charges, bonds, or notes, the board shall proceed according
to law. If the voters or property owners do not approve those funding
methods, the zone shall remain formed, but alternative financing
shall be obtained.
(d) The board may change the boundaries of a zone or dissolve a
zone by following the procedures for the formation of a zone.
(e) A local agency formation commission shall not review, approve,
or disapprove a proposal to form a zone, a proposal to change the
boundaries of a zone, or a proposal to dissolve a zone.
(f) Proceedings for the establishment of a new zone or for an
amendment to existing zones may be conducted concurrently with, and
as a part of the institution of, projects providing service to the
zones to be created.
CHAPTER 6. FINANCIAL MATTERS
100090. The district shall adopt a system of accounting and
auditing that shall completely and at all times show the district's
financial condition. The system of accounting and auditing shall
adhere to generally accepted accounting principles and auditing
standards. The chief financial officer shall make, at a minimum,
quarterly written reports to the board regarding the receipts and
disbursements and balances in the accounts controlled by the
district.
100091. (a) On or before June 15 of each year, the board shall
meet, at the time and place designated by published notice, at which
meeting any member of the general public may appear and be heard
regarding any item in the proposed budget or for the inclusion of
additional items.
(b) At the same time and place designated in the public notice,
the board shall review its financial reserves, including the
justification therefor, and its reserve management policy.
(c) After the conclusion of the meeting, and not later than June
30 of each year, and after making any revisions of, deductions from,
or increases or additions to, the proposed budget that the board
determines advisable during or after the meeting, the board, by
resolution, shall adopt the budget as finally determined.
100092. (a) In its budget, the board of directors may establish a
designated reserve for capital outlay and a designated reserve for
contingencies. If the board of directors establishes a designated
reserve, it shall declare the exclusive purposes for which the funds
in the reserve may be spent. The funds in the designated reserve
shall be spent only for the exclusive purposes for which the board of
directors established the designated reserve. The reserves shall be
maintained according to generally accepted accounting principles. The
reserves shall be kept in an interest bearing account.
(b) After the establishment of a designated reserve, the board of
directors may transfer any funds to that designated reserve.
(c) If the board of directors finds that the funds in a designated
reserve are no longer required for the exclusive purposes for which
it was established, the board of directors, by a four-fifths vote of
the total membership of the board of directors, may discontinue the
designated reserve or transfer any funds that are no longer required
from the designated reserve to the district's general fund.
(d) Notwithstanding any other provision of this section, in a
state of emergency or in a local emergency, a board of directors may
temporarily transfer funds from a designated reserve for capital
outlay or a designated reserve for contingencies to the district's
general fund. The board of directors shall restore these funds to the
designated reserves as soon as feasible.
100093. (a) At any regular meeting or properly noticed special
meeting after the adoption of its final budget, the board of
directors may adopt a resolution amending the budget and ordering the
transfer of funds between categories with delegated fund limits.
(b) The board of directors may authorize the chief executive
officer to transfer funds between budget categories with delegated
fund limits.
(c) Only the board of directors may transfer funds from a
designated reserve for capital outlay or a designated reserve for
contingencies.
100094. If the board determines that the amount of revenue
available to the district or any of its zones is inadequate to
acquire, construct, improve, rehabilitate, manage, or replace the
facilities authorized by this part, or to meet the costs of providing
the services or administering the programs authorized by this part,
or for funding or refunding any outstanding indebtedness, the board
may incur debt and raise revenues pursuant to this part.
100095. (a) The district may charge a fee to cover the cost of
any service that the district provides, or the cost of enforcing any
regulation for which the fee is charged. A fee shall not exceed the
costs reasonably borne by the district in providing the service or
enforcing the regulation for which the fee is charged.
(b) The district may charge residents or taxpayers of the district
a fee authorized by this section that is less than the fee that it
charges nonresidents or nontaxpayers.
(c) The board, by resolution, may adopt policies and procedures
governing the partial or full waiver of any fees charged pursuant to
this section if it is determined that imposition of the fee in a
particular situation would not be in the public interest.
100096. Prior to imposing or increasing any fee for
property-related services, the district shall comply with the
requirements of Article XIII D of the California Constitution.
100097. The district may impose standby charges for water
pursuant to the Uniform Standby Charge Procedures Act (Chapter 12.4
(commencing with Section 54984) of Part 1 of Division 2 of Title 5 of
the Government Code).
100098. (a)
100097. The district may expend its share of property
tax revenue allocated pursuant to subdivision (b) of Section 93 of
the Revenue and Taxation Code to pay for both of the following:
(1)
(a) The general administrative costs and expenses,
including maintenance and operation of established works of the
district, to carry out any of the objects or purposes of this part of
common benefit to the district.
(2)
(b) The costs and expenses of constructing or extending
any or all works established within or on behalf of a zone or
participating zones within the district if revenue used for that
purpose is replaced.
(b) California voter approval having been obtained in 1960 for the
State Water Project (SWP) and the obligations created by the SWP
contracts, the district may levy an ad valorem property tax pursuant
to subdivision (b) of paragraph (1) of Section 1 of Article XIII A of
the California Constitution in order to cover payment of
indebtedness for required SWP contract payments, including for
repayment of bonded indebtedness, and maintaining, operating,
expanding, or replacing the system. This tax may be increased upon
the board's exercise of discretion and finding that: (1) revenues
from water sales and other sources cannot reasonably be used to cover
all of the needs of the district, including SWP contract
obligations, and (2) that an ad valorem property tax is reasonably
necessary to meet the district's SWP contract obligations.
100099. 100098. The district may
impose benefit assessments to pay the cost of carrying out any of the
objects or purposes of this part on behalf of a zone or zones,
including constructing, maintaining, managing, operating, extending,
maintaining, repairing or otherwise improving any work of
improvement, implementing programs or projects, or financing any of
the foregoing, consistent with Article XIII D of the California
Constitution. These
benefit assessments include, but are not limited to, benefit
assessments imposed pursuant to any of the following:
(a) The Improvement Act of 1911 (Division 7 (commencing with
Section 5000) of the Streets and Highways Code).
(b) The Improvement Bond Act of 1915 (Division 10 (commencing with
Section 8500) of the Streets and Highways Code).
(c) The Municipal Improvement Act of 1913 (Division 12 (commencing
with Section 10000) of the Streets and Highways Code).
(d) The Landscaping and Lighting Assessment Act of 1972 (Part 2
(commencing with Section 22500) of Division 15 of the Streets and
Highways Code).
100100. 100099. The district may
impose special taxes, consistent with Article XIII C of the
California Constitution, pursuant to the following:
(a) Article 3.5 (commencing with Section 50075) of Chapter 1 of
Part 1 of Division 1 of Title 5 of the Government Code. The special
taxes shall be applied uniformly to all taxpayers or all real
property within the district, except that unimproved property may be
taxed at a lower rate than improved property. The district may
provide an exemption from these taxes for residential parcels owned
and occupied by one or more taxpayers who are at least 65 years of
age, or who qualify as totally disabled under the federal Social
Security Act, if the total household income is less than an amount
that is approved by the voters of the district.
(b) The Mello-Roos Community Facilities Act of 1982 (Chapter 2.5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of
the Government Code).
100101. 100100. If the board of
directors determines that the amount of revenue available to the
district or any of its zones is inadequate to acquire, construct,
improve, rehabilitate, or replace the facilities authorized by this
division, or for funding or refunding any outstanding indebtedness,
the board of directors may incur debt pursuant to this chapter or any
other applicable provision of law.
100102. 100101. (a) The district
may issue promissory notes to borrow money and incur indebtedness for
the purposes of this part, including, but not limited to, the
payment of current expenses, pursuant to this section.
(b) Any indebtedness incurred pursuant to this section shall bear
interest at a rate that shall not exceed the rate permitted under
Article 7 (commencing with Section 53530) of Chapter 3 of Part 1 of
Division 2 of Title 5 of the Government Code.
(c) Each indebtedness incurred pursuant to this section shall be
authorized by resolution adopted by a four-fifths vote of the board
and evidenced by a promissory note signed by both the chairperson of
the board and the district's chief executive officer.
100103. 100102. (a) The district
may borrow money and incur short-term indebtedness, not to exceed the
limitations established in subdivision (d) by action of the board of
directors without the necessity of calling and holding an election.
(b) Indebtedness may be incurred pursuant to this section for any
purpose for which the district is authorized to expend funds.
(c) Indebtedness incurred under this section shall be evidenced by
short-term notes payable at stated times fixed by the board. The
short-term notes shall mature no later than five years from the date
of issuance. Interest on short-term notes shall not exceed the limits
established under state law. Short-term notes are general
obligations of the district payable from revenues, charges, taxes,
and assessments.
(d) Short-term notes shall not to be issued if in any fiscal year
the amount payable, when added to the interest thereon, exceeds 85
percent of the estimated amount of the revenues, charges, taxes, and
assessments of the district that will be available in that fiscal
year for payment of short-term notes and the interest thereon.
100104. 100103. (a) If the board
determines that it is necessary to incur a general obligation bond
indebtedness for the acquisition or improvement of real property, the
board may proceed pursuant to Article 11 (commencing with Section
5790) of Chapter 4 of Division 5 of the Public Resources Code.
(b) If the board determines that a bonded indebtedness should be
incurred to pay the cost of any project in any zone or zones, the
board, by resolution, may determine and declare the respective
amounts of bonds to be issued to raise the amount of money necessary
for each project and the denomination and the maximum rate of
interest of the bonds. In determining each amount of bonds and the
amount of money necessary for each project, the board may include in
its determination all of the following:
(1) The portion, if any, of the cost of the project already
advanced by the district for which the district proposes to reimburse
itself from the proceeds of sale of the bonds.
(2) The cost of lands, rights-of-way, easements, and property
proposed to be taken, acquired, or injured in carrying out the
project.
(3) All incidental expenses likely to be incurred, including
legal, clerical, engineering, superintendence, inspection, printing,
and advertising.
(4) If deemed advisable, an amount sufficient to pay interest on
any bonds proposed to be issued during all or any part of the period
of construction of the project and for a period not to exceed 12
months thereafter. The board shall cause a copy of the resolution,
duly certified by the clerk, to be filed for record in the office of
the county recorder within five days after its issuance. After the
filing of the resolution, the board may proceed with the bond
election.
(c) Upon authorization, the board may call a special bond election
in the zone or zones participating submitting the question whether
or not bonds can be issued in the amount determined in the resolution
for the purpose stated. The bonds and the interest thereon shall be
paid from revenue derived from annual taxes, rates, or assessments
imposed in accordance with this part.
(d) The board shall call the special bond election by ordinance
and not otherwise. The ordinance shall include all of the following:
(1) A brief, general description of the objects and purposes, and
a reference to the recorded copy of the resolution adopted by the
board.
(2) The estimated cost of the proposed project, the amount of the
principal of the indebtedness to be incurred, and the maximum rate of
interest to be paid on the indebtedness. The rate of interest to be
paid on the indebtedness shall not exceed the limits provided under
state law.
(3) The date on which the special election will be held.
(4) The form and contents of the ballot to be used.
(5) The establishment of special bond election precincts within
the boundaries of each zone.
(6) The designation of a polling place and appointment of one
inspector, one judge, and one clerk for each special bond election
precinct.
(e) The general election laws of the state govern the election,
except as otherwise provided in this part and set forth in the
ordinance.
(f) The board shall cause a map or maps to be prepared that
includes a general description of the project, and that identifies
the location of the proposed projects. The map shall be posted on the
district Internet Web site and in a prominent place at the district
office for public inspection for at least 30 days before the date
fixed for the election.
(g) The district shall publish, pursuant to Section 6062 of the
Government Code, in a newspaper of general circulation circulated in
each zone affected, the ordinance calling for the special bond
election. The required publication shall be completed at least 14
days before the election. If there is no newspaper, the ordinance
shall be posted on the district's Internet Web site or in five public
places, in each zone designated by the board for at least 30 days
before the date of the election. The district is not required to
provide additional notice of the election, or to issue polling place
cards.
(h) Any defect or irregularity in the proceedings prior to the
calling of the special bond election will not affect the validity of
the bonds authorized by the election. If at the election the required
percentage of the votes cast are in favor of incurring bonded
indebtedness, bonds for the zone or participating zones for the
amount stated in the proceedings shall be issued and sold.
(i) If any proposition pursuant to this section is defeated by the
voters, the board of directors shall not call for another election
on a substantially similar proposition for six months after the first
election.
100105. 100104. (a) The board, by
resolution, shall prescribe the form of bonds, which shall include a
designation of the zones affected, and of the interest coupons
attached thereto. Bonds shall be payable annually or semiannually at
the discretion of the board each and every year on a day and date,
and at a place to be fixed by the board, and designated in the bonds,
together with the interest on all amounts unpaid on the date until
the whole of the indebtedness has been paid.
(b) The board 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. The maturity of each series
shall comply with this section. The board may fix a date, not more
than two years from the date of issuance, for the earliest maturity
of each issue or series of bonds. The final maturity date shall not
exceed 40 years from the time of incurring the indebtedness evidenced
by each issue or series. The board may provide for call and
redemption of all or any part of any issue or series of bonds before
maturity at prices determined by the board. A bond is not subject to
call or redemption prior to maturity unless it contains a recital to
that effect.
(c) The bonds shall be issued in any denominations as the board
determines. Bonds shall be issued in denominations of one thousand
dollars ($1,000) or more, payable on the days and at the place fixed
in the bonds, at the specified interest rate, made payable annually
or semiannually. The bonds shall be numbered consecutively, signed by
the chair of the board, and countersigned by the auditor of the
district, with the seal of the district affixed thereto by the clerk
of the board. Signatures may be printed, engraved, or lithographed.
The interest coupons of the bonds shall be numbered consecutively and
signed by the auditor. In case any officer whose signatures or
countersignatures appear on the bonds or coupons ceases to be an
officer before the delivery of the bonds to the purchaser, the bonds,
coupons, and signatures or countersignatures shall nevertheless be
valid and sufficient for all purposes.
100106. 100105. The board may issue
and sell the authorized bonds for the uses and purposes of the zone
or zones. The proper record of the transactions shall be placed upon
the books of the district, and the respective zone funds shall be
applied exclusively to the purposes and objects described in the
ordinance calling the special bond election.
100107. 100106. Any bonds issued
under this part and the interest thereon shall be paid by revenue
derived from rates or an annual tax or assessment, imposed in
accordance with this part. No zone, nor the property in the zone, is
liable for the share of bonded indebtedness of any other zone; nor
shall any moneys derived from taxation or assessment in any of the
several zones be used in payment of principal or interest or
otherwise of the share of bonded indebtedness chargeable to any other
zone, except in the case of joint projects by participating zones.
100108. 100107. To the extent not
covered by water rates, the board shall impose a tax or assessment
each year sufficient to pay the interest and that portion of the
principal of the bonds that is due or to become due before the time
for making the next general tax levy. Taxes or assessments shall be
imposed and collected in the respective zones of issuance together
with, and not separately from, taxes for county purposes. Collected
funds shall be paid into the county treasury to the credit of the
zone of payment, and be used for the payment of the principal and
interest on the bonds, and for no other purpose. The county treasurer
shall pay the principal and interest on the bonds in the manner
provided by law for the payment of principal and interest on bonds of
the county.
100109. 100108. The bonds of the
district issued for any zone or zones, are legal investments for all
trust funds, and for the funds of all insurance companies, banks,
both commercial and savings, and trust companies, and for the state
school funds, and whenever any money or funds may by law be used as
security for the performance of any act, or be invested in bonds of
cities, cities and counties, counties, school districts, or
municipalities in the state, the money or funds may be invested in
the bonds of the district.
100110. 100109. All bonds issued by
the district under the provisions of this part shall be free and
exempt from all taxation within the state.
100111. 100110. Any improvement for
which bonds are approved for issuance in accordance with this part
shall be made in accordance with the supporting report, plans,
specifications, and map unless the doing of any work is prohibited by
law, or is rendered contrary to the best interests of the district
by some change of conditions in relation thereto, in which event the
board may order necessary changes made in the proposed work or
improvements and may cause any plans and specifications to be made
and adopted.
100112. 100111. If bonds have been
authorized by any zone or participating zone of the district and the
proceeds of the sale have been properly expended, and the board, by
resolution, determines that additional bonds should be issued for
carrying out the work, the board may submit to the qualified voters
of the zone or participating zone the question of issuing additional
bonds in the same manner and procedure as provided in this part. All
the requirements of this part for the issuing and sale of the bonds
and for the expenditure of the proceeds apply to the additional
bonds.
100113. 100112. (a) The board may
finance any enterprise and issue revenue bonds pursuant to the
Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300)
of Part 1 of Division 2 of Title 5 of the Government Code) for the
purpose of financing the construction, reconstruction, replacement,
acquisition, or improvement of any facility or facilities necessary
or convenient for the storage, treatment, including reclamation,
transmission, or distribution of water for beneficial use within the
district and for the purpose of generation or transmission of
electricity. This section does not apply to the acquisition of any
facility or facilities already employed in any public utility use,
unless the acquisition of the facility or facilities is by mutual
agreement between the district and the owner of the property.
(b) The district may finance facilities and issue bonds pursuant
to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of
the Government Code).
(c) The district may acquire and improve land, facilities, or
equipment and issue securitized limited obligation notes pursuant to
Article 7.4 (commencing with Section 53835) of Chapter 4 of Part 1 of
Division 2 of Title 5 of the Government Code.
(d) Article 3 (commencing with Section 54380) of Chapter 6 of Part
1of Division 2 of Title 5 of the Government Code shall not apply to
the issuance and sale of bonds pursuant to this section.
(e) The board shall not proceed under this section until it has
received a favorable vote at a special election called by resolution
of the board as to whether the district may authorize and sell
revenue bonds under this section. If the required percentage of the
voters of the district voting on the proposition at the election vote
in favor of the proposition, the board may proceed to issue and sell
revenue bonds as provided by this section.
(f) The resolution calling the election shall include all of the
following:
(1) The date of the election.
(2) The proposition to be submitted.
(3) The manner of holding the election and of voting for or
against the proposition.
(4) A statement that in all other particulars the election will be
held and the votes canvassed as provided by law for the holding of
elections within the district.
(g) The election may be held separately or may be consolidated
with any other election authorized by law at which the voters of the
district may vote.
(h) The district shall publish the resolution calling the election
and no other notice of the election need be given.
100114. 100113. If a proposition
for issuing bonds fails to receive the required number of affirmative
votes of the qualified voters voting at the election, the board
shall not call or order another election for the same object or
purpose, in the same zone or participating zone, for six months from
the date of the failed election.
100115. 100114. The repeal or
amendment of this part or the change in boundaries of any zone of the
district shall not in any way affect or release any of the property
in that district or any zone from the obligations of any outstanding
bonds or indebtedness until all outstanding bonds and indebtedness
have been fully paid and discharged.
CHAPTER 7. GROUNDWATER MANAGEMENT
100120. (a) Groundwater management within the boundaries of the
district is the prerogative of the district and a primary purpose for
which the district was established and is empowered.
(b) As an integral part of its comprehensive water management
program, the district shall conjunctively manage its groundwater and
surface water resources to optimize water supply reliability for the
benefit of the county as a whole and to protect infrastructure from
subsidence. This includes actively recharging groundwater basins
using local and imported water supplies as well as in-lieu recharge
methods, including, but not limited to, treated water deliveries,
recycled water development, and water conservation programs.
100121. The district, by ordinance, may take any of the following
actions in order to improve or protect the quantity or quality of
groundwater supplies within the district:
(a) Impose reasonable registration and measurement device
requirements and operating regulations on water-producing facilities
to minimize impact on water resources.
(b) Require the owner or operator of each water-producing facility
to submit a sworn statement to the district regarding groundwater
production.
(c) Require conservation practices and measures.
(d) Impose tiered rates as a water management tool to meet the
purposes and intent of this part, including, but not limited to,
protecting against subsidence, protecting against water waste, and
promoting water use efficiency and water supply reliability.
(e) Enter into an agreement with an owner or operator of
water-producing facilities for the purpose of managing water supplies
of the district.
(f) Prevent harmful groundwater extractions by regulating,
limiting, or temporarily suspending any or all of the following:
(1) Extractions from water producing facilities.
(2) The construction of new water producing facilities.
(3) Modification of existing water producing facilities.
(4) The reactivation of abandoned water-producing facilities.
100122. The district shall annually assess and report on the
district's efforts toward protection and augmentation of the water
supplies of the district. The public report shall
serve as the basis for proposing any increase of decrease in an
existing charge or fee or for the imposition of a new charge or fee
and shall include all of the following information:
(a) Information describing the district's activities in the
protection and augmentation of the water supplies of the district.
(b) The water supplies available to the district.
(c)
(b) Information regarding
describing the present and future water requirements of the
district.
(d) The amount of groundwater produced within each zone.
(e) Supplemental supplies needed to replenish or supplement the
groundwater supplies.
(f)
(c) Expected future capital improvement and maintenance
and operating requirements.
(g)
(d) The estimated costs for the fiscal year, and the
long term, of managing, protecting, operating, maintaining,
augmenting, and financing water supplies for each zone, including a
detailed basis upon which the costs are calculated and the reasons
that any particular groundwater management charge is
increasing proposed to be increased .
(h)
(e) Information specifying the benefits that have been
received and will be received within each zone where a groundwater
management charge has been imposed and collected, or is recommended
to be imposed. The methodology for ascribing a particular cost or
portion of cost to a particular zone shall be specifically
identified.
(i) A recommendation, with supporting detail, based upon the
factors in this section as to whether or not the groundwater
management charge should be reduced, maintained, or increased in any
zone for the upcoming fiscal year.
(j)
(f) If any groundwater management charge increase is
recommended for a zone, a proposal of a rate or rates per acre-foot
for agricultural water, and a rate or rates per acre-foot for all
water other than agricultural water shall be stated in the report.
The proposal shall show the proportional benefit and cost allocation
to the types of user or users within the zone.
(k) If tiered rates are being recommended, a recommendation as to
the basis for the tiered rates in each zone, as required under the
applicable ordinance.
100123. (a) A public hearing shall be held prior to imposing a
new or increased groundwater management charge. The board may, but is
not required to, hold a hearing if the board has determined to leave
an existing charge as previously established.
(b) The clerk of the district board, pursuant to Section 6061 of
the Government Code, shall publish a notice of the receipt of the
report and of the date, time, and place of the public hearing, giving
at least 45 days' notice of the hearing from the date of mailing of
the notice. The notice is required to be posted on the district
Internet Web site and shall also be mailed to the owner or operator
of any water-producing facility at least 45 days prior to the date of
the public hearing.
(c) The notice shall invite and inform all owners or operators of
water-producing facilities within the district and any person
interested in the district's activities to examine the report, which
shall be made available on the district's Internet Web site and at
district headquarters. The notice shall state the amount of the
recommended charges per acre, foot, or other unit of measurement, the
basis upon which the charge is calculated, the reason or reasons for
the charge, and that the owners or operators may in person, or by a
legally authorized representative, appear and submit evidence
concerning the subject of the written report, and may support,
comment upon, or protest any increase.
100124. 100123. (a) The board may
impose and collect a groundwater management charge for access to the
production of water from the groundwater supplies within a zone of
the district that will benefit directly or indirectly from the
district's management, protection, and augmentation of supplies or
the distribution of imported water in that zone.
(b) Groundwater management charges imposed pursuant to this part
are declared to be in furtherance of district activities in the
management, protection, and augmentation of the water supplies of the
district, including reasonably related watershed stewardship
activities, necessary for the public health, welfare, and safety of
the people of the district and this state. The groundwater management
charges may be imposed upon the owner or operator of water-producing
facilities within a zone for the benefit of all who rely directly or
indirectly upon the groundwater supplies of the zone, water imported
into the zone, or water management facilities or programs within the
zone or that benefit the zone.
(c) In recognition of the public policy of the state that
preservation of land in its natural, scenic, agricultural, or
historic open-space condition is an important environmental asset,
and in recognition of the greater likelihood of return flows, reduced
water usage on a per acre basis, greater water supply flexibility,
reduced water service costs, and other factors, the board, by
resolution, may impose a different rate for water to be used for
agricultural purposes.
(d) Groundwater management charges shall be calculated on the
basis of groundwater production statements required to be
filed pursuant to Section 100121 .
100125. 100124. The proceeds of
groundwater management charges imposed and collected upon the
production of water from groundwater supplies within the district may
be used to pay costs, including staff costs, for the following
conjunctive use activities:
(a) Permitting, managing, constructing, maintaining, and operating
facilities to import water into the district, including payments
made under any contract between the district and the state, the
United States, or any public, private, or municipal entity.
(b) Purchasing water for the benefit of the district, including
payments made under contract to the state, the United States, or any
public, private, or municipal utility.
(c) Managing water supplies for the current and future benefit of
the district, including demand management activities and reasonably
related watershed stewardship activities.
(d) Actions and programs to conserve, store, extract, inject,
recharge, recycle, protect, treat, transfer, exchange, or distribute
water for the current and future benefit of the district. These
actions include permitting, constructing, maintaining, and operating
facilities for these purposes, including facilities
for groundwater recharge, surface
distribution, conjunctive use, and the treatment of water.
(e) Payment of the principal or interest of any bonded
indebtedness or other obligations incurred by the district for any of
the purposes set forth in this section.
100125. If a new or increased groundwater management charge or
fee is proposed the district shall provide written notice by mail to
all record owners within the zone subject to the charge or fee. The
notice shall contain all of the following:
(a) The amount of the charge or fee, or the formula used for
imposition of the charge or fee, including whether the formula is by
acre foot or another measure.
(b) The basis upon which the amount of the proposed charge or fee
was calculated.
(c) The reason for the charge or fee.
(d) The date, time, and location of the public hearing on the
proposed charge or fee.
(e) A disclaimer that, if a majority of record owners within the
zone subject to the charge or fee file written protests against
imposition of the new or increased charge or fee, the new or
increased charge or fee will not be imposed.
100126. (a) The district shall conduct a public hearing for the
proposed new or increased groundwater management charge or fee not
less than 45 days after mailing the notice required pursuant to
Section 100125.
(b) The district shall consider all protests against the proposed
new or increased charge or fee and if written protests are presented
by a majority of the record owners within the zone subject to the
charge or fee, then the district will not impose the proposed charge
or fee for that zone.
100126. 100127. Any or all revenues
received by the district from treated water sale contracts or
surface water sales may be applied to any or all of the costs set
forth in Section 100125 100124 .
100127. 100128. (a) Prior to the
end of the fiscal year, based on the findings and determinations from
the hearing, if a hearing is required under Section 100123
100125 , and in accordance with the budget for
that year, the board shall determine whether a
an existing groundwater management charge or fee
should remain the same, be reduced , or
increased. The board shall consider all protests filed
pursuant to Section 100123 regarding the imposition of a new or
increased charge, and if a majority protest is received, the board
shall not impose the new or increased charge. A previously
approved charge remains in effect until reduced or increased. The
anticipated revenues to be derived from the charge shall not exceed
the funds anticipated to be needed for groundwater management
services provided, including prudent short- and long-term water
supply and conservation management, operations, maintenance,
financing, including prudent reserves adopted consistent with a
publically noticed board-adopted reserve policy and capital
expenditures pursuant to this part.
(b) Imposition and collection of groundwater management charges
shall be as follows:
(1) Any groundwater management charge imposed shall be calculated
at a volumetric rate or rates per acre-foot against each operator of
a water-producing facility within a zone during the ensuing fiscal
year.
(2) A rate or rates may be set in each zone independent of the
rate or rates in any other zone.
(3) If the board has adopted an ordinance authorizing tiered
rates, and determines that tiered rates should be imposed during the
ensuing fiscal year, tiered rates shall be established consistent
with the rationale and method established in the ordinance.
(4) Due to the proportional benefits to the water supplies of the
district resulting from the agricultural use of water, the base rate
for agricultural water may be established at a level that is less
than the rate for nonagricultural water.
(5) Clerical errors involving the name of any person or
description of a water-producing facility from which the production
of water is otherwise properly charged, that do not affect the
substantial rights of the water-producing owner or operator, shall
not invalidate the groundwater management charge.
(c) If the board determines that an off-cycle imposition or
adjustment of the groundwater management charge is necessary to
maintain the financial health of the district, the board may impose
or adjust any groundwater management charge, or the rates of any
charges, on or before January 1 of each year pursuant to the
following process:
(1) The district shall prepare a supplemental report to the annual
report prepared pursuant to Section 100122, explaining the reasons
for the imposition or adjustment of the charges. The
supplemental report shall be filed with the clerk of the board at
least 45 days before the date the new or adjusted charges are
proposed to take effect.
(2) A public hearing shall be noticed and held prior to imposing
or adjusting a groundwater management charge pursuant to the notice
and protest provisions pursuant to Sections 100122 and 100123.
(2) After the preparation of the supplemental report, the district
shall follow the process identified in Sections 100125 and 100126.
100128. 100129. Upon board adoption
of a groundwater management charge, the district shall give notice
stating the board-approved applicable rate or rates per acre-foot of
water production for the groundwater management charge for
the ensuing fiscal year in the applicable zone. The notice
shall indicate the applicable collection period and
whether the owner or operator will be invoiced, or if the
district shall rely on a required self-reported water production
statement. The notice may be sent by postal card or by other
first-class mail with postage prepaid by the district to each
record owner or operator of a
water-producing facility as disclosed by the records of the district.
100129. 100130. (a) The groundwater
management charge is due and payable to the district on or before
the last date upon which the water production statements are required
to be filed.
(b) The charge is computed by multiplying the acre-feet of water
produced by the applicable rate.
(c) The district may impose an annual administrative charge on a
water-producing facility for which no production has been recorded
but which has not been permanently abandoned, provided the charge
does not exceed the annual cost to the district of maintaining and
administering the registration of that facility.
(d) If any owner or operator of a water-producing facility fails
to pay the groundwater management charge when due, the district shall
charge interest at the rate of 1 percent each month on the
delinquent amount of the groundwater management charge.
(e) The board may adopt regulations to provide that in excusable
or justifiable circumstances the penalty may be reduced or waived.
100130. 100131. (a) If any owner or
operator of a water-producing facility fails to register a
water-producing facility, or fails to file a water production
statement if required by Section 100121, the district, in addition to
charging interest, shall assess an administrative charge to recover
the costs of collection, and a penalty charge against the owner or
operator in an amount of 10 percent of the amount found by the
district to be due.
(b) The board may adopt regulations to provide that in excusable
or justifiable circumstances the penalty may be reduced or waived.
100131. 100132. (a) 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 within one year of
filing the water production statement.
(b) If, pursuant to Section 100129 100130
, the owner or operator has been notified of a determination by
the district that the production of water from the water-producing
facility is in excess of that disclosed by the sworn statement
covering the water-producing facility, and the owner or operator
fails to protest the determination in the manner and in the time set
forth in this part, the owner or operator shall be precluded from
demonstrating good cause as provided in subdivision (a).
CHAPTER 8. PROPERTY
100140. The district has the right-of-way for the location,
construction, and maintenance of water utility and flood protection
facilities, and water resources stewardship facilities in, over, and
across public lands of the state, not otherwise disposed of or in
use. The right-of-way granted is limited to the length and width
necessary for the construction and protection of those facilities. If
the selection of a right-of-way is made by the district, it shall
transmit to the State Lands Commission, the Controller, and the
recorder of the county in which the selected lands are situated, a
duly verified plat of the lands so selected, giving the extent and
the uses for which the same is claimed or desired. If the State Lands
Commission approves the selection, it shall endorse its approval
upon the plat and issue the district a permit to use the right-of-way
and lands.
100141. The legal title to all property acquired under this part
immediately and by operation of law vests in the district, and shall
be held by the district, in trust, for the uses and purposes set
forth in this part.
100142. (a) The board, by resolution, may determine that any real
property or interest in real property is no longer necessary to be
retained for district uses or purposes. The district may thereafter
sell, lease, or otherwise dispose of the property, including, but not
limited to, the following types of property:
(1) Real property that, in the determination of the board, has no
access to a public road.
(2) An easement for ingress and egress to property that, by the
terms of the easement, terminates when ingress and egress is supplied
to the property by a public road.
(b) (1) The board may reconvey surplus real property to the former
owner from whom the property was obtained or condemned, or to the
owner's successor in interest, for fair market value. Fair market
value shall be determined by a qualified real estate appraiser.
(2) The district may reconvey real property to the former owner,
or successor in interest, for less than fair market value only if the
board finds that a public purpose exists justifying reconveyance for
less than fair market value, or as authorized by state law.
(c) The board, by resolution, may exchange real property of equal
value with any person for the purpose of removing defects in the
title to real property owned by the district or where the real
property to be exchanged is not required for district use and the
property to be acquired is required for district use.
(d) The board, by resolution, may adopt a procedure for the
leasing of real property owned by the district.
(e) The board may sell, lease, or otherwise transfer to the state,
county, or to any city, school district, or other special district
within the district, or exchange with the public entity, any real or
personal property or interest in that property belonging to the
district upon agreed terms and conditions.
(f) Under circumstances not specifically prescribed by this part,
the requirements of law regarding the disposition of real property
applicable to counties shall govern the district.
100143. The board shall adopt regulations for the exchange, sale,
or other disposition of district personal property no longer
necessary to be retained for district uses or purposes. Any sale of
personal property that constitutes a "fixed asset," shall only be
made upon public bid. Notice of the district's intended action shall
first be given as prescribed in Section 25363 of the Government Code.
CHAPTER 9. PLANNING AND APPROVAL OF CAPITAL PROJECTS
100150. It is the intent of this chapter to ensure that the
public is informed about proposed capital projects and their funding
sources, that broad environmental considerations are included at the
earliest possible phase of planning, and that adequate opportunities
are afforded the public to participate in the decisionmaking process.
100151. (a) If the board of directors determines that a capital
project is feasible, useful, or necessary to carry out the purposes
or provisions of this part, it shall initiate the project consistent
with this part.
(b) The board may receive or request planning study reports or
additional information, including the filing of amended or
supplemental reports, in order to have sufficient information to
provide ongoing direction regarding analysis of a project.
(c) The board shall determine which projects or works of
improvement shall be carried out and shall determine, as to each
project or work of improvement, that it is one of the following:
(1) For the common benefit of the district as a whole.
(2) For the common benefit of two or more but less than all zones.
(3) For the benefit of a single zone.
100152. (a) An engineer's report shall be filed with the board
for consideration at a public hearing if the project is funded
partially or fully by a single zone, or two or more but less than all
zones of benefit, rather than by a districtwide funding mechanism.
(b) The engineer's report shall include all of the following:
(1) A determination of zone of benefit and sources of funding.
(2) A general description of the project.
(3) A general description of the lands, rights-of-way, easements,
and property proposed to be taken, acquired, or injured in carrying
out the project.
(4) A map that shows the location and zone of benefit of the
project and includes a visual depiction of the information required
in paragraph (3).
(5) An estimate of the cost of the project, including both of the
following:
(A) The cost of lands, rights-of-way, easements, and property
proposed to be taken, acquired, or injured in carrying out the
project.
(B) All incidental expenses likely to be incurred, including
legal, clerical, engineering, superintendence, inspection, printing,
and advertising.
(c) The board shall set and hold a public hearing to receive
comments from the public on a project's engineer's report, as
follows:
(1) The time and place for the public hearing where the board will
consider all comments on the engineer's report shall be noticed.
Notice of the public hearing shall be communicated in a manner
designed to provide the concerned public with notice and shall also
comply with the applicable provisions set forth in the Ralph M. Brown
Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division
2 of Title 5 of the Government Code) or any other applicable
requirements.
(2) At the time and place fixed for the hearing, or at any time to
which the hearing is continued, the board shall consider all written
and oral comments regarding the project's engineer's report.
(3) If, prior to the conclusion of the hearing on the engineer's
report, written protests against the proposed project signed by more
than one-third of the registered voters residing within the affected
zone are filed with the board, the board may in its discretion either
abandon the project or suspend further proceedings on the proposed
project for at least one year.
100153. The completed planning study report, including amended or
supplemental reports, if any, an engineer's report, if applicable,
and the board's independent review and determination that the project'
s environmental documentation is adequate and complies with the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) are prerequisites to
board approval of a project.
CHAPTER 10. ENFORCEMENT
100160. (a) If the district has probable cause to believe that
the production of water from a water-producing facility is in excess
of that disclosed by the sworn statements covering that
water-producing facility, or if no statement is filed covering a
water-producing facility, the district may conduct an investigation
and report its conclusions.
(b) Based on the information acquired in the investigation, the
district may establish the amount of water production from any
water-producing facility at an amount not to exceed its maximum
production capacity. If a water-measuring device is permanently
attached, its record of production is rebuttably presumed to be
accurate.
(c) After a determination has been made by the district, the
district shall mail a written notice of the determination to the
person operating the water-producing facility at the address shown in
the district's records. The determination made by the district is
conclusive as to all persons. The groundwater management charge, and
the interest and penalties, are immediately due and payable, unless a
protest is filed with the board within 15 days after the mailing of
the notice. Notice is complete at the time of deposit in the mail,
with first-class postage affixed.
(d) Upon the timely filing of a written protest setting forth the
grounds for protesting the determination of the district, the board,
or its designee, shall set a hearing date. Notice shall be mailed to
the protestant at least 10 days before the date fixed for the
hearing. The protestant shall have an opportunity to be heard at the
hearing. The district shall determine the total amount of the water
production and the groundwater management charge based upon
substantial evidence. If the water production statement was filed and
the amount disclosed was paid within the time required by this part,
and the district finds that the failure to report the amount of
water actually produced resulted from excusable or justifiable
circumstances, interest on the amount found to be due may be waived.
Notice of the determination by the board, or its designee, shall be
mailed to each protestant. Payment of the groundwater management
charge, and interest or penalties finally determined to be due shall
be made within 20 days from the date of mailing of the notice of
determination.
100161. The district shall maintain, and annually update, records
with regard to water production and the imposition of groundwater
management charges within the district. The records shall include a
general description of the property upon which each water-producing
facility is located, an identifying number or code assigned to each
facility, the annual water production from each water-producing
facility, and the groundwater management charge imposed and collected
at each rate.
100162. (a) The district may commence and prosecute injunctive
relief actions in superior court against an owner or operator of a
water-producing facility for failure to adhere to any of the
requirements of this part, including requirements relating to the
registration of a water-producing facility with the district, or the
timely payment of groundwater management charges.
(b) The court may issue and grant an injunction restraining and
prohibiting the named defendant from the operation of any
water-producing facility if it is established that the defendant has
failed to register the water-producing facility with the district, or
that the defendant is delinquent in payment of groundwater
management charges.
(c) The right to proceed for injunctive relief granted in this
section is an additional remedy to others provided elsewhere in this
part or otherwise allowed by law. Except as otherwise provided by
this part, Chapter 3 (commencing with Section 525) of Title 7 of Part
2 of the Code of Civil Procedure governs injunctive relief actions
described in this section. The district shall not be required to
provide an undertaking or bond as a condition to granting injunctive
relief.
100163. 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 groundwater
management charge. The court, in addition to allowing recovery of
costs as allowed by law, may fix and allow as part of the judgment
interest and penalties as provided in this part. If the district, as
a provisional remedy in bringing the suit, seeks an attachment
against the property of any defendant named in the action, the
district shall not be required to provide a bond or undertaking.
100164. (a) It is unlawful to produce water from any
water-producing facility required to be registered in accordance with
this part if that water-producing facility has not been so
registered, and, if required by the board, the facility does not have
a water-measuring device affixed to the facility capable of
registering the accumulated amount of water produced.
(b) Violation of this provision is a misdemeanor, punishable by a
fine not to exceed five hundred dollars ($500), or imprisonment in
the county jail not to exceed six months, or by both the fine and
imprisonment. Each day of operation in violation shall constitute a
separate offense.
100165. 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 part, that causes the
water-measuring device to improperly or inaccurately measure and
record water production, or any person who willfully does not submit
a water production statement to the district in accordance with this
part, or any person who willfully removes or breaks a seal attached
to an abandoned water-producing facility, or any person who with
intent to evade any requirement of this part 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
months, or by both fine and imprisonment.
100166. In implementing the enforcement of this part relating to
groundwater management charges, the district, in addition to the
powers specified elsewhere in this part, may take any of the
following actions:
(a) Install and maintain water-measuring devices, and other
devices that will aid in determining accurate water production, on
water-producing facilities not owned by the district.
(b) Affix seals to water-producing facilities that the owner or
operator has declared to be abandoned, or are in fact permanently
abandoned.
(c) After giving notice, enter onto any land for the purposes
enumerated in this section and for the purpose of making
investigations relating to water production.
100167. (a) Any abandoned or unused water well, or other well, or
other circumstance endangering the public health and safety by
creating a water contamination hazard, is a public nuisance.
(b) If the district determines that a public nuisance exists, and
must be abated, the district, by certified mail, shall notify the
current record owner of the property of the need to abate the public
nuisance and that it is the intention of the district to record a
notice of violation of the ordinance.
(c) The notice to the owner shall describe the violation and
specify a time, date, and place for a hearing, at which the owner may
present evidence to the board that a public nuisance does not
actually exist and that the notice should not be recorded. The notice
to the owner shall state that, unless the public nuisance is abated
within the time specified by the board following the hearing, the
district may abate the public nuisance and the costs of the abatement
will be assessed against the property.
(d) The hearing shall take place no sooner than 30 days and no
later than 60 days from date of mailing of the notice.
(e) If, within 15 days of receipt of the notice, the owner of the
real property fails to inform the district of his or her objection to
recording the notice of violation, the board may record the notice
of violation with the county recorder.
(f) If, after hearing, it is determined that there has been no
violation, the district shall mail a clearance letter to the then
current owner of record. If, after the hearing, the board determines
that a violation has in fact occurred, the board shall record the
notice of violation with the county recorder.
(g) The notice of violation, when recorded, is constructive notice
of the violation to all successors in interest in the property.
(h) If the board determines, at the conclusion of the hearing,
that a public nuisance actually exists, the board may order the
property owner to abate the public nuisance within a specified time.
(i) If the public nuisance is not abated within the time specified
in the order of the board following a hearing, the district may
abate the public nuisance. Any entry upon private property by the
district for this purpose shall be preceded by written notice to the
owner by certified mail stating the date and place of entry, the
purpose, and the number of persons entering. If the mailed notice is
returned undelivered, the district may provide notice by posting a
copy of the notice at the proposed entry point five days prior to
entry.
(j) Any costs incurred by the district in abating a public
nuisance pursuant to this section are a lien upon the property upon
which the public nuisance existed when notice of the lien is filed
and recorded.
(k) The district shall record notice of the lien, particularly
identifying the property on which the nuisance was abated and the
amount of the lien, and naming the owner of record of the property,
in the office of the Santa Clara County Recorder within one year
after the first item of expenditures by the district or within 90
days after the completion of the work, whichever occurs first. Upon
recordation of the notice of lien, the lien has the same force,
effect, and priority as a judgment lien, except that it attaches only
to the property described in the notice, and continues for 10 years
from the date of recording of the notice unless sooner released or
otherwise discharged.
SEC. 4. The provisions of this act are severable. If any provision
of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
SEC. 5. The Legislature
finds and declares that a special law is necessary and that a general
law cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution because of the unique and
special surface water, groundwater, and floodwater problems in the
area included in the Santa Clara Valley Water District.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
costs that may be incurred by a local agency or school district are
the result of a program for which legislative authority was requested
by that local agency or school district, within the meaning of
Section 17556 of the Government Code and Section 6 of Article XIII B
of the California Constitution, or because costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.