BILL NUMBER: AB 1578 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Logue
FEBRUARY 2, 2012
An act to add the Indian Valley Watermaster District Act to the
Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 1578, as introduced, Logue. Indian Valley Watermaster District.
Existing law provides for the establishment of watermaster service
areas by the Department of Water Resources for the purposes of
ensuring the most practical and economic supervision of the
distribution of water. Existing law specifies that upon the
submission of a specified petition to a court in which a relevant
judicial decree has been entered, the court may appoint a public
agency as a watermaster to replace the watermaster appointed by the
department.
This bill would create a watermaster district to be known as the
Indian Valley Watermaster District. The bill would generally specify
the powers and purposes, as well as the boundaries, of the district.
The bill would prescribe the composition of the board of directors of
the district. The bill would require the district to provide
watermaster service on behalf of water right holders whose place of
use under an appointed decree, as defined, is a parcel of real
property within the district. The bill would authorize the district
to enter into an agreement to provide watermaster service to water
right holders whose place of use is an eligible parcel, as defined.
The bill would require the board of directors of the district to
provide for the preparation of regular audits of the district's
accounts and records and specified annual financial reports. By
imposing duties on the district and Plumas County in connection with
the operation of the district, the bill would impose a state-mandated
local program.
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 a specified reason.
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. This act shall be known and may be cited as the Indian
Valley Watermaster District Act. It is intended to supplement the
Water Code as follows:
Indian Valley Watermaster District Act
Article 1. Creation
101. This act shall be known and may be cited as the Indian Valley
Watermaster District Act.
102. (a) A watermaster district is hereby created in Plumas County
to be known as the Indian Valley Watermaster District.
(b) The district shall be governed by a board of directors as
specified in Section 401, shall have boundaries as prescribed in
Section 201, and shall exercise the powers granted by this act for
purposes of acting as watermaster over those decreed water rights
whose places of use are within the Indian Valley and for which the
Superior Court for the County of Plumas has appointed the district as
the watermaster, together with other powers and duties that are
granted by this act or reasonably implied and necessary and proper to
carry out the purposes of the district, including, but not limited
to, any power authorized by the court which appoints the district as
watermaster.
(c) The Legislature hereby finds and declares that the
cost-effective and responsible enforcement of existing decreed water
rights within the Indian Valley is in the public interest, and that
the creation of a watermaster district that can serve in that
capacity after proper appointment by the Superior Court for Plumas
County is for the common benefit of the holders of those decreed
water rights within the Indian Valley and for the protection of
agricultural and economic productivity.
Article 2. Boundaries
201. For the purposes of this act, all of the following territory
is included in the Indian Valley Watermaster District:
The following tracts that lie within the county:
(a) Tract No. 16-1.
(1) Township 25 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 1: W1/2 of SW1/4.
(B) Section 2: NE1/4 of SE1/4.
(C) Section 12: NW1/4 of NW1/4.
(b) Tract No. 16-4.
(1) Township 25 North, Range 11 East, Mount Diablo Base and
Meridian.
(A) Section 1: Lot 3 and 4, NW1/4 of SW1/4.
(B) Section 2: Lot 1, S1/2 of SW1/4, N1/2 of SE1/4, SW1/4 of
SE1/4.
(C) Section 10: NE1/4 of NE1/4 excepting southwesterly portion.
(D) Section 11: W1/2 of NW1/4.
(2) Township 26 North, Range 11 East, Mount Diablo Base and
Meridian.
(A) Section 36: S1/2 of SW1/4, W1/2 of SE1/4.
(c) Tract No. 16-7.
(1) Township 26 North, Range 9 East, Mount Diablo Base and
Meridian.
(A) Section 1: NE1/4, easterly portion of NE1/4 of NW1/4, easterly
portion of SE1/4 of NW1/4, NE1/4 of SW1/4 excepting northwesterly
portion and strip along southerly portion, NW1/4 of SW1/4 excepting
northerly portion, narrow strip along north line of SW1/4 of SW1/4,
N1/2 of SE1/4 excepting narrow strip along south line.
(2) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 6: Narrow strip along west line of SW1/4 of NW1/4 and
narrow strip along west line of NW1/4 of SW1/4.
(d) Tract No. 16-8.
(1) Township 26 North, Range 9 East, Mount Diablo Base and
Meridian.
(A) Section 1: Narrow strip along south line of NE1/4 of SW1/4,
SE1/4 of SW1/4, narrow strip along south line of N1/2 of SE1/4, S1/2
of SE1/4.
(B) Section 12: N1/2 of NE1/4.
(2) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 6: Southwesterly portion of NW1/4 of SW1/4, westerly
and southerly portion of SW1/4 of SW1/4.
(B) Section 7: NW1/4 of NW1/4 excepting easterly strip, northerly
portion of SW1/4 of NW1/4.
(e) Tract No. 16-9.
(1) Township 26 North, Range 9 East, Mount Diablo Base and
Meridian.
(A) Section 1: Westerly portion of NE1/4 of NW1/4, NW1/4 of NW1/4,
SW1/4 of NW1/4 excepting westerly portion, westerly portion of SE1/4
of NW1/4, northwesterly portion of NE1/4 of SW1/4, north-easterly
portion of NW1/4 of SW1/4.
(f) Tract No. 16-10.
(1) Township 26 North, Range 9 East, Mount Diablo Base and
Meridian.
(A) Section 1: Westerly portion of SW1/4 of NW1/4, northwesterly
portion of NW1/4 of SW1/4.
(B) Section 2: NE1/4 of NE1/4, easterly portion of NW1/4 of NE1/4,
easterly portion of SW1/4 of NE1/4, SE1/4 of NE1/4, NE1/4 of SE1/4
excepting southeasterly portion.
(2) Township 27 North, Range 9 East, Mount Diablo Base and
Meridian.
(A) Section 35: Southeasterly portion of SW1/4 of SE1/4, SE1/4 of
SE1/4.
(g) Tract No. 16-11.
(1) Township 26 North, Range 9 East, Mount Diablo Base and
Meridian.
(A) Section 2: NW1/4 of NE1/4 excepting easterly portion, SW1/4 of
NE1/4 excepting easterly portion, NE1/4 of NW1/4, S1/2 of NW1/4,
northerly portion of NE1/4 of SW1/4, northwesterly portion of NW1/4
of SE1/4.
(2) Township 27 North, Range 9 East, Mount Diablo Base and
Meridian.
(A) Section 35: Southerly portion of SE1/4 of SW1/4, southeasterly
portion of SW1/4 of SE1/4.
(h) Tract No. 16-12.
(1) Township 26 North, Range 9 East, Mount Diablo Base and
Meridian.
(A) Section 2: Southerly portion of NW1/4 of SW1/4, SW1/4 of
SW1/4.
(B) Section 3: Easterly portion of SE1/4 of SE1/4.
(i) Tract No. 16-13.
(1) Township 26 North, Range 9 East, Mount Diablo Base and
Meridian.
(A) Section 3: Northeasterly portion of SW1/4 of SE1/4, and
northwesterly portion of SE1/4 of SE1/4.
(j) Tract No. 16-14.
(1) Township 26 North, Range 9 East, Mount Diablo Base and
Meridian.
(A) Section 3: Southeasterly portion of SW1/4 of SE1/4,
southwesterly portion of SE1/4 of SE1/4.
(k) Tract No. 16-15.
(1) Township 26 North, Range 9 East, Mount Diablo Base and
Meridian.
(A) Section 3: Southwesterly portion SW1/4 of SE1/4.
(l) Tract No. 16-16.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 1: NE1/4 of NW1/4 excepting southeasterly portion,
NW1/4 of NW1/4, northerly portion of SW1/4 of NW1/4, northwesterly
portion of the SE1/4 of NW1/4.
(B) Section 2: NE1/4 of NE1/4, northeasterly portion of SE1/4 of
NE1/4.
(2) Township 27 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 35: NE1/4, E1/2 of SE1/4.
(B) Section 36: W1/2 of SW1/4, SE1/4 of SW1/4.
(m) Tract No. 16-17.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 1: NE1/4 of NE1/4 excepting southeasterly portion,
NW1/4 of NE1/4, SW1/4 of NE1/4 excepting southwesterly portion,
north-westerly portion of SE1/4 of NE1/4, southeasterly portion of
NE1/4 of NW1/4, northeasterly portion of the SE1/4 of NW1/4.
(2) Township 26 North, Range 11 East, Mount Diablo Base and
Meridian.
(A) Section 6: Northeasterly portion of NW1/4 of NW1/4.
(3) Township 27 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 36: SE1/4 of SE1/4.
(4) Township 27 North, Range 11 East, Mount Diablo Base and
Meridian.
(A) Section 31: SW1/4 of SW1/4 excepting southeasterly portion,
northwesterly portion of SE1/4 of SW1/4.
(n) Tract No. 16-18.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 1: Southeasterly portion of SE1/4 of NE1/4, NE1/4 of
SE1/4 excepting northwesterly southwesterly and southeasterly
corners, easterly portion of NW1/4 of SE1/4, northerly portion of
SE1/4 of SE1/4.
(2) Township 26 North, Range 11 East, Mount Diablo Base and
Meridian.
(A) Section 6: SW1/4 of NW1/4 excepting the northerly portion,
southwesterly portion of SE1/4 of NW1/4, northwesterly portion of
NW1/4 of SW1/4.
(o) Tract No. 16-19.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 1: Southwesterly portion of SW1/4 of NE1/4, SW1/4 of
NW1/4 excepting the northerly portion, southerly portion of SE1/4 of
NW1/4, NE1/4 of SW1/4 excepting southerly portion, northerly portion
of NW1/4 of SW1/4, northwesterly portion of NE1/4 of SE1/4, NW1/4 of
SE1/4 excepting the southwesterly and southeasterly portions.
(B) Section 2: SE1/4 of NE1/4 excepting the northeasterly portion.
(p) Tract No. 16-20.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 1: Southerly portion of NE1/4 of SW1/4, NW1/4 of SW1/4
excepting the northeasterly portion, northerly portion of SW1/4 of
SW1/4, SE1/4 of SW1/4 excepting the southerly portion, southwesterly
portion of NW1/4 of SE1/4, SW1/4 of SE1/4 excepting the easterly and
southwesterly portions.
(B) Section 2: NE1/4 of SE1/4, northeasterly portion of SE1/4 of
SE1/4.
(q) Tract No. 16-21.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 1: Southeasterly and southwesterly corners of NE1/4 of
SE1/4, southeasterly portion of NW1/4 of SE1/4, easterly portion of
SW1/4 of SE1/4, SE1/4 of SE1/4 excepting northerly portion.
(B) Section 12: NE1/4 of NE1/4, easterly portion of NW1/4 of
NE1/4, northeasterly portion SW1/4 of NE1/4, northerly portion of
SE1/4 of NE1/4.
(r) Tract No. 16-22.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 1: SW1/4 of SW1/4 excepting the northerly portion,
southerly portion of SE1/4 of SW1/4, southwesterly portion of SW1/4
of SE1/4.
(B) Section 2: SE1/4 of SE1/4 excepting northeasterly portion.
(C) Section 11: NE1/4 of NE1/4.
(D) Section 12: NW1/4 of NE1/4 excepting easterly portion,
northwesterly portion of SW1/4 of NE1/4, N1/2 of NW1/4, northerly
portion of SW1/4 of NW1/4, SE1/4 of NW1/4 excepting southerly
portion.
(s) Tract No. 16-23.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 5: SE1/4 of NW1/4 excepting westerly portion, NE1/4 of
SW1/4 excepting westerly portion, SE1/4 of SW1/4 excepting westerly
portion, W1/2 of SE1/4.
(B) Section 8: NW1/4 of NW1/4 excepting the southwesterly portion,
northeasterly portion of NE1/4 of NW1/4.
(t) Tract No. 16-24.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 5: SW1/4 of NW1/4 excepting westerly portion, easterly
portion of SE1/4 of NW1/4, westerly portion of NE1/4 of SW1/4, NW1/4
of SW1/4 excepting westerly portion, northeasterly portion of SW1/4
of SW1/4, westerly portion of SE1/4 of SW1/4.
(u) Tract No. 16-25.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 5: Southerly portion of SW1/4 of SW1/4, southwesterly
portion of SE1/4 of SW1/4.
(B) Section 6: Southeasterly portion of SW1/4 of SW1/4, southerly
portion of SE1/4 of SW1/4, SW1/4 of SE1/4 excepting strips along the
north and the west lines, SE1/4 of SE1/4 excepting the northerly
portion.
(C) Section 7: N1/2 of NE1/4, SE1/4 of NE1/4, NE1/4 of NW1/4,
easterly portion of NW1/4 of NW1/4.
(D) Section 8: Southwesterly portion of NW1/4 of NE1/4,
northwesterly portion of SW1/4 of NE1/4, NE1/4 of NW1/4 of NW1/4
excepting northeasterly portion, W1/2 of NW1/4, SE1/4 of NW1/4
excepting southerly portion, northwesterly portion of NE1/4 of SW1/4,
northerly portion NW1/4 of SW1/4.
(v) Tract No. 16-26.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 5: Westerly portion of SW1/4 of NW1/4, westerly
portion NW1/4 of SW1/4, northwesterly portion of SW1/4 of SW1/4.
(B) Section 6: SW1/4 of NE1/4 excepting the westerly portion,
SE1/4 of NE1/4, NE1/4 of SE1/4, NW1/4 of SE1/4 excepting the westerly
portion, northeasterly portion of SW1/4 of SE1/4, northerly portion
of SE1/4 of SE1/4.
(w) Tract No. 16-27.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 6: SE1/4 of NW1/4 excepting westerly portion, NE1/4 of
SW1/4 excepting westerly portion, northeasterly portion of SE1/4 of
SW1/4, westerly portion of NW1/4 of SE1/4, westerly portion of SW1/4
of SE1/4.
(x) Tract No. 16-28.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 6: SW1/4 of NW1/4 excepting westerly portion, westerly
portion of SE1/4 of NW1/4, westerly portion of NE1/4 of SW1/4, NW1/4
of SW1/4 excepting westerly portion, northeasterly portion of SW1/4
of SW1/4, northwesterly portion of SE1/4 of SW1/4.
(y) Tract No. 16-29.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 11: SE1/4 of NE1/4, NE1/4 of SE1/4 excepting southerly
portion.
(B) Section 12: Southwesterly portion of SW1/4 of NE1/4, SW1/4 of
NW1/4 excepting the northerly portion and southerly portion of SE1/4
of NW1/4, NE1/4 of SW1/4 excepting the southeasterly portion, NW1/4
of SW1/4 excepting the southwesterly portion, northeasterly portion
of SW1/4 of SW1/4, northwesterly portion of SE1/4 of SW1/4,
northwesterly portion of NW1/4 of SE1/4.
(z) Tract No. 16-30.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 12: SW1/4 of NE1/4 excepting westerly and
northeasterly portion, southwesterly portion of SE1/4 of NE1/4,
southeasterly portion of NE1/4 of SW1/4, easterly portion of SE1/4 of
SW1/4, northwesterly portion of NE1/4 of SE1/4, NW1/4 of SE1/4
excepting northwesterly and southeasterly portion, SW1/4 of SE1/4
excepting northeasterly portion.
(B) Section 13: W1/2 of NE1/4, NE1/4 of NW1/4 excepting westerly
portion, southeasterly portion of SW1/4 of NW1/4, SE1/4 of NW1/4
excepting the northwesterly portion, northerly portion of NW1/4 of SW
1/4.
(aa) Tract No. 16-31.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 12: Southeasterly portion of SE1/4 of NE1/4, NE1/4 of
SE1/4 excepting northwesterly portion, southeasterly portion of NW1/4
of SE1/4, easterly portion of SW1/4 of SE1/4, SE1/4 of SE1/4.
(B) Section 13: NE1/4 of NE1/4.
(2) Township 26 North, Range 11 East, Mount Diablo Base and
Meridian.
(A) Section 7: SW1/4 of NW1/4 excepting northwesterly portion,
W1/2 of SW1/4, SE1/4 of SW1/4.
(B) Section 18: NW1/4 of NW1/4.
(ab) Tract No. 16-32.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 11: Southerly portion of NE1/4 of SE1/4 , SW1/4 of
SE1/4 excepting the southerly portion, SE1/4 of SE1/4 excepting
southwesterly portion.
(B) Section 12: Southwesterly portion of NW1/4 of SW1/4, SW1/4 of
SW1/4 excepting the northeasterly portion and southwesterly portion,
SE1/4 of SW1/4 excepting the northerly and easterly portions.
(C) Section 13: Northwesterly portion of NE1/4 of NW1/4,
northeasterly portion of NW1/4 of NW1/4.
(ac) Tract No. 16-33.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 11: Southwesterly portion of SE1/4 of SE1/4.
(B) Section 12: Southwesterly portion of SW1/4 of SW1/4.
(C) Section 13: Southwesterly portion of NE1/4 of NW1/4, NW1/4 of
NW1/4 excepting the northeasterly portion, SW1/4 of NW1/4 excepting
southeasterly portion, northwesterly portion of SE1/4 of NW1/4,
northwesterly portion of NW1/4 of SW1/4.
(D) Section 14: NE1/4, NE1/4 of SE1/4 excepting southeasterly
portion, NW1/4 of SE1/4, SW1/4 of SE1/4 excepting southeasterly
portion, northwesterly portion SE1/4 of SE1/4.
(ad) Tract No. 16-34.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 8: Southeasterly portion of SW1/4 of SE1/4, southerly
portion of SE1/4 of SE1/4.
(B) Southwesterly portion of SW1/4 of SW1/4.
(C) Section 16: W1/2 of NE1/4, NE1/4 of NW1/4 excepting
northeasterly portion, NW1/4 of NW1/4, northeasterly portion of SW1/4
of NW1/4, SE1/4 of NW1/4 excepting southerly portion.
(D) Section 17: NE1/4 of NE1/4 excepting southwesterly portion,
northeasterly portion of NW1/4 of NE1/4.
(ae) Tract No. 16-35.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 16: SW1/4 of NW1/4 excepting northeasterly portion,
southerly portion of SE1/4 of NW1/4, N1/2 of SW1/4, northerly portion
of SW1/4 of SW1/4, SE1/4 of SW1/4 excepting southerly portion, W1/2
of SE1/4 .
(B) Section 17: Southwesterly portion of NE1/4 of NE1/4, southerly
portion of NW1/4 of NE1/4, SW1/4 of NE1/4 excepting southwesterly
portion, SE1/4 of NE1/4, NE1/4 of SW1/4, NW1/4 of SE1/4 excepting
southwesterly portion, northeasterly portion of SW1/4 of SE1/4,
northerly portion of SE1/4 of SE1/4.
(af) Tract No. 16-36.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 16: Southeasterly portion of SW1/4 of SW1/4, southerly
portion of SE1/4 of SW1/4.
(B) Section 21: NE1/4 of NW1/4 excepting southeasterly portion,
NW1/4 of NW1/4 excepting the westerly and southerly portion.
(ag) Tract No. 16-37.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 16: Southwesterly portion of SW1/4 of SW1/4.
(B) Section 17: Southerly portion of NW1/4 of SE1/4, SW1/4 of
SE1/4 excepting westerly and northeasterly portions, SE1/4 of SE1/4
excepting northerly portions.
(C) Section 20: NE1/4 of NE1/4 excepting southerly portion, NW1/4
of NE1/4 excepting westerly and southerly portions.
(D) Section 21: Northwesterly portion of NW1/4 of NW1/4.
(ah) Tract No. 16-38.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 17: Southwesterly portion of SW1/4 of NE1/4, NE1/4 of
NW1/4 excepting northerly portion, southeasterly portion of the NW1/4
of NW1/4, SW1/4 of NW1/4 excepting the northwesterly portion, SE1/4
of NW1/4, NE1/4 of SW1/4, NW1/4 of SW1/4 excepting southwesterly
portion, easterly portion of SW1/4 of SW1/4, SE1/4 of SW1/4, westerly
portion of NW1/4 of SE1/4, westerly portion of SW1/4 of SE1/4.
(B) Section 18: Southeasterly portion of SE1/4 of NE1/4,
northeasterly portion of NE1/4 of SE1/4.
(C) Section 20: Northwesterly portion of NW1/4 of NE1/4,
northeasterly portion of NE1/4 of NW1/4.
(ai) Tract No. 16-42.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 17: Southerly portion of SW1/4 of SW1/4.
(B) Section 19: Southerly portion of NE1/4 of NE1/4, NW1/4 of
NE1/4 excepting northerly portion, S1/2 of NE1/4, NE1/4 of NW1/4
excepting northerly portion, SE1/4 of NW1/4 excepting southwesterly
portion, northwesterly portion of NE1/4 of SW1/4, NE1/4 of SE1/4
excepting southwesterly portion, northerly portion of NW1/4 of SE1/4,
SE1/4 of SE1/4 excepting westerly portion.
(C) Section 20: Southwesterly portion of NW1/4 of NE1/4, westerly
portion of SW1/4 of NE1/4, NE1/4 of NW1/4 excepting northeasterly
portion, NW1/4 of NW1/4 excepting northwesterly portion, S1/2 of
NW1/4, SW1/4, NW1/4 of SE1/4 excepting easterly portion, SW1/4 of
SE1/4 excepting easterly portion.
(D) Section 29: NW1/4 of NE1/4 excepting easterly portion, SW1/4
of NE1/4 excepting northeasterly portion, N1/2 of NW1/4.
(E) Section 30: NE1/4 of NE1/4 excepting westerly portion.
(aj) Tract No. 16-44.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 20: Southerly portion of NE1/4 of NE1/4, southeasterly
portion of NW1/4 of NE1/4, SW1/4 of NE1/4 excepting westerly
portion, SW1/4 of NE1/4, NE1/4 of SE1/4 excepting southerly portion,
northeasterly portion of NW1/4 of SE1/4.
(B) Section 21: Southerly portion of NE1/4 of NW1/4, southerly
portion of NW1/4 of NW1/4, SW1/4 of NW1/4, SE1/4 of NW1/4 excepting
easterly portion, NE1/4 of SW1/4 excepting southerly and easterly
portions, NW1/4 of SW1/4 excepting southerly portion.
(ak) Tract No. 16-45.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 21: Southwesterly portion of NW1/4 of NW1/4.
(al) Tract No. 16-46.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 20: Southerly portion of NE1/4 of SE1/4, southeasterly
portion of NW1/4 of SE1/4, easterly portion of SW1/4 of SE1/4, SE1/4
of SE1/4.
(B) Section 21: Southerly portion of NE1/4 of SW1/4, southerly
portion of NW1/4 of SW1/4, SW1/4 of SW1/4, SE1/4 of SW1/4 excepting
easterly portion.
(C) Section 28: NE1/4 of NW1/4 excepting easterly portion, W1/2 of
NW1/4, SE1/4 of NW1/4 excepting easterly portion.
(D) Section 29: NE1/4 of NE1/4, easterly portion of NW1/4 of
NE1/4, easterly portion of SW1/4 of NE1/4, SE1/4 of NE1/4.
(am) Tract No. 16-47.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 21: Southwesterly portion of NE1/4 of NE1/4, southerly
portion of NW1/4 of NE1/4, SW1/4 of NE1/4, SE1/4 of NE1/4 excepting
northeasterly portion, southeasterly portion of NE1/4 of NW1/4,
easterly portion of SE1/4 of NW1/4, northeasterly portion of NE1/4 of
SW1/4, N1/2 of SE1/4 excepting the southerly portion.
(an) Tract No. 16-48.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 21: Southerly portion of NE1/4 of SW1/4, easterly
portion of SE1/4 of SW1/4, southerly portion of NE1/4 of SE1/4,
southerly portion of NW1/4 of SE1/4, S1/2 of SW1/4.
(B) Section 22: Southwesterly portion of SW1/4 of SW1/4.
(C) Section 27: NW1/4 of NW1/4 excepting southeasterly portion,
westerly portion of SW1/4 of NW1/4, northwesterly portion of NW1/4 of
SW1/4.
(D) Section 28: N1/2 of NE1/4, northerly portion of SW1/4 of
NE1/4, SE1/4 of NE1/4, easterly portion of NE1/4 of NW1/4, easterly
portion of SE1/4 of NW1/4, E1/2 of NE1/4 of SE1/4.
(ao) Tract No. 16-49.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 22: Southwesterly portion of NE1/4 of SW1/4, southerly
portion of NW1/4 of SW1/4, SW1/4 of SW1/4 excepting southwesterly
portion, SE1/4 of SW1/4 excepting northeasterly portion.
(B) Section 27: Southwesterly portion of NW1/4 of NE1/4,
northeasterly portion of SW1/4 of NE1/4, southwesterly portion of
SE1/4 of NE1/4, northeasterly portion of NE1/4 of NW1/4,
northwesterly portion of NE1/4 of SE1/4, northeasterly portion of
NW1/4 of SE1/4.
(ap) Tract No. 16-50.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Southerly portion of SW1/4 of NW1/4, southerly portion of
SE1/4 of NW1/4, NE1/4 of SW1/4 excepting southwesterly portion, NW1/4
of SW1/4 excepting southerly portion, northeasterly portion of SE1/4
of SW1/4, westerly portion of NW1/4 of SE1/4, SW1/4 of SE1/4
excepting northeasterly portion, southwesterly portion of SE1/4 of
SE1/4.
(B) Section 27: NE1/4 of NE1/4 excepting northeasterly portion,
NW1/4 of NE1/4 excepting southwesterly portion, northeasterly portion
of SW1/4 of NE1/4, northwesterly portion of SE1/4 of NE1/4, NE1/4 of
SE1/4 excepting the westerly portion, northerly portion of SE1/4 of
SE1/4.
(aq) Tract No. 16-51.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 22: NW1/4 of NE1/4, northerly portion of SW1/4 of
NE1/4, NE1/4 of NW1/4, northerly portion of SE1/4 of NW1/4.
(ar) Tract No. 16-52.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 22: SW1/4 of NE1/4 excepting northerly portion, SE1/4
of NE1/4, southeasterly portion of SE1/4 of NW1/4, NE1/4 of SE1/4,
NW1/4 of SE1/4 excepting westerly portion, northeasterly portion of
SW1/4 of SE1/4, SE1/4 of SE1/4 excepting southwesterly portion.
(B) Section 23: NE1/4 of NW1/4, SW1/4 of NW1/4, SE1/4 of NW1/4,
SW1/4.
(C) Section 26: NW1/4 of NW1/4.
(D) Section 27: Northeasterly portion of NE1/4 of NE1/4.
(as) Tract No. 16-53.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Southwesterly portion of NW1/4 of NE1/4, southwesterly portion
of SW1/4 of NE1/4, NE1/4 of NW1/4 excepting the northeasterly
portion, southeasterly portion of NW1/4 of NW1/4, easterly portion of
SW1/4 of NW1/4, SE1/4 of NW1/4, northerly portion of NE1/4 of SW1/4,
northeasterly portion of NW1/4 of SW1/4, westerly portion of NE1/4
of SE1/4, NW1/4 of SE1/4 excepting northeasterly and southwesterly
portion, northeasterly portion of SW1/4 of SE1/4, northwesterly
portion of SE1/4 of SE1/4.
(at) Tract No. 16-54.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 27: Southerly portion of SW1/4 of NW1/4, NE1/4 of
SW1/4 excepting northerly portion, NW1/4 of SW1/4 excepting
northeasterly, northwesterly and southwesterly portions,
northeasterly portion of SW1/4 of SW1/4, SE1/4 of SW1/4 excepting
southwesterly portion, southwesterly portion of NW1/4 of SE1/4, SW1/4
of SE1/4 excepting northeasterly portion, westerly portion of SE1/4
of SE1/4.
(B) Section 34: Northwesterly portion of NW1/4 of NE1/4,
northeasterly portion of NE1/4 of NW1/4.
(au) Tract No. 16-55.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 27: Southerly portion of SE1/4 of SE1/4.
(B) Section 34: Northerly portion of NE1/4 of NE1/4.
(av) Tract No. 16-56.
(1) Township 26 North, Range 10 East, Mount Diablo Base and
Meridian.
(A) Section 35: Southerly portion of NW1/4 of NW1/4, S1/2 of
NW1/4, SW1/4.
(aw) Tract No. 16-57.
(1) Township 26 North, Range 11 East, Mount Diablo Base and
Meridian.
(A) Section 36: NE1/4 of SE1/4.
(ax) Tract No. 16-59.
(1) Township 27 North, Range 9 East, Mount Diablo Base and
Meridian.
(A) Section 28: SE1/4 of NE1/4, NE1/4 of SE1/4.
(ay) Tract No. 16-60.
(1) Township 27 North, Range 9 East, Mount Diablo Base and
Meridian.
(A) Section 34: N1/2 of NW1/4.
(az) Tract No. 16-61.
(1) Township 26 North, Range 9 East, Mount Diablo Base and
Meridian.
(A) Section 3: NE1/4 of NW1/4.
(2) Township 27 North, Range 9 East, Mount Diablo Base and
Meridian.
(A) Section 34: SW1/4 of SE1/4.
(ba) Tract No. 16-62.
(1) Township 27 North, Range 11 East, Mount Diablo Base and
Meridian.
(A) Section 31: NE1/4 of NW1/4.
Article 3. Definitions
301. Unless otherwise indicated by their context, the definitions
set forth in this article govern the construction of this act.
302. "Appointed decree" means a decree for which the district is
appointed the watermaster by the court.
303. "Appointed parcel" means a parcel of real property within the
district that is a place of use for water rights under an appointed
decree.
304. "Board of directors" or "board" means the board of directors
of the district.
305. "Contracted parcel" means an eligible parcel whose owner has
entered into a contract with the district to provide watermaster
service for that parcel.
306. "County" means Plumas County.
307. "Court" means the Superior Court for the County of Plumas.
308. "Decree" or "decrees" means any water right decree, entered
by the court, which adjudicates water rights within the county in
which the decreed points of diversion are within the Indian Valley in
the county.
309. "Department" means the Department of Water Resources.
310. "District" means the Indian Valley Watermaster District.
311. "Eligible parcel" means a parcel of real property within the
district that is a place of use for water rights under a decree that
is not an appointed decree, and for which the department is not the
watermaster.
312. "Fund" means the fund designated by the court, or by the
district in the absence of a designation by the court, into which
charges levied by the district shall be paid by the county upon
collection.
313. "Owner" means a person who is an owner of a parcel of real
property within the district that is a place of use for water rights
under a decree.
314. "Person" means any state or local governmental agency,
private corporation, firm, partnership, individual, group of
individuals, or, to the extent authorized by law, any native tribe or
federal agency.
315. "Indian Valley" means that portion of the district generally
drained by Indian Creek.
316. "Voter" means a holder of water rights whose place of use
under a decree is an appointed or contracted parcel.
Article 4. General Provisions
401. (a) The board of directors shall govern the district and
shall exercise the powers of the district as set forth in this act.
(b) Except as specified in subdivision (d), the board of directors
of the district shall consist of five members, as follows:
(1) Three members who shall be voters holding water rights whose
places of use under a decree are appointed or contracted parcels
within the Indian Valley Service Area. These members shall be elected
at large from the Indian Valley Service Area.
(2) Two members appointed by the county board of supervisors.
These members shall be residents of the county and shall not be
voters.
(c) A quorum of the board of directors shall be three members. A
majority of affirmative votes of the full membership of the board
shall be required to take an action.
(d) (1) On or before February 1, 2013, the county board of
supervisors shall appoint the members of the board of directors with
the qualifications required by subdivision (b), as if the court had
appointed the district as the watermaster. The members of the board
of directors appointed pursuant to this paragraph shall hold office
until their successors are elected or appointed and qualified in
accordance with subdivision (b).
(2) At the first opportunity to conduct an election, the voters
shall elect the members of the board of directors identified in
paragraph (1) of subdivision (b). At the first meeting of the board
of directors following that election, the members of the board of
directors shall classify themselves by lot into two classes. One
class shall have three members and the other class shall have two
members. For the class that has three members, the term of office
shall be four years. For the class that has two members, the term of
office shall be two years. Thereafter, the terms of all members of
the board of directors shall be four years.
(3) Except as provided in paragraphs (1) and (2), the term of
office for a member of the board of directors shall be four years.
(4) Members of the board of directors may be reelected or
reappointed.
(e) Except as otherwise provided in this act, the Uniform District
Election Law (Part 4 (commencing with Section 10500) of Division 10
of the Elections Code) shall apply to elections within the district.
(f) Any vacancy in the elective office of a member of the board of
directors shall be filled pursuant to Section 1780 of the Government
Code. Any vacancy in the appointive office of a member of the board
of directors shall be filled pursuant to Section 1778 of the
Government Code.
402. (a) For the purposes of the Uniform District Election Law,
the district shall be deemed to be a landowner voting district,
except that each voter shall have one vote.
(b) In a manner that is consistent with Section 10525 of the
Elections Code, for water rights that have multiple holders, the
holders shall designate in writing to the district, in accordance
with a timetable established by the district, a voter from among
their number for voting purposes.
403. (a) The board of directors shall do all of the following:
(1) Act only by ordinance, resolution, or motion.
(2) Keep a record of all of its actions, including financial
transactions.
(3) Adopt rules or bylaws for its proceedings.
(4) Adopt policies for the operation of the district.
(b) The board of directors may do all of the following:
(1) Provide, by ordinance or resolution, that its members may
receive their actual and necessary traveling and incidental expenses
incurred while on official business. Reimbursement of these expenses
is subject to Section 53232.3 of the Government Code. A member of the
board of directors may waive any or all of the payments permitted by
this paragraph.
(2) Require any employee, officer, or member of the board of
directors to be bonded. The district shall pay the cost of the bonds.
(c) Prior to taking office, each director shall take the official
oath and execute any bond that may be set by the board.
404. At the first meeting of the board of directors, and at the
first annual meeting each year thereafter, the board of directors
shall elect a chairperson and vice chairperson from among its
members. The board of directors shall appoint a secretary of the
district. The secretary of the district may be a member of the board
of directors or a district employee.
405. Meetings of the board shall be held pursuant to the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of
Division 2 of Title 5 of the Government Code).
406. The district shall have the following powers:
(a) Adopt ordinances in accordance with Article 7 (commencing with
Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 3 of
the Government Code.
(b) Adopt and enforce rules and regulations for the
administration, operation, use, and maintenance of the district's
facilities and property.
(c) Sue and be sued in its own name.
(d) Acquire any real or personal property within the district, by
contract or otherwise, to hold, manage, occupy, dispose of, convey
and encumber the property, and to create a leasehold interest in the
property for the benefit of the district. The district shall not have
the power of eminent domain.
(e) Appoint employees, define their qualifications and duties, and
provide a schedule of compensation for performance of their duties.
(f) Engage counsel and other professional services.
(g) Enter into and perform all contracts. The district shall
follow the procedures that apply to the county, including, but not
limited to, the requirements of Article 3.6 (commencing with Section
20150) of Chapter 1 of Part 3 of Division 2 of the Public Contract
Code.
(h) Adopt a seal and alter it.
(i) Take any and all actions necessary for, or incidental to, the
powers expressed or implied by this act.
407. (a) The board of directors shall provide for the preparation
of regular audits of the district's accounts and records pursuant to
Section 26909 of the Government Code.
(b) The board of directors shall provide for the preparation of
annual financial reports to the Controller pursuant to Article 9
(commencing with Section 53890) of Chapter 4 of Part 1 of Division 2
of Title 5 of the Government Code.
408. All claims for money or damages against the district are
governed by Part 3 (commencing with Section 900) and Part 4
(commencing with Section 940) of Division 3.6 of Title 1 of the
Government Code.
409. The district is not subject to the Cortese-Knox-Hertzberg
Local Government Reorganization Act of 2000 (Division 3 (commencing
with Section 56000) of Title 5 of the Government Code).
410. 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.
Article 5. Powers and Duties
501. The district shall serve as the watermaster for any appointed
decree, including, but not limited to, taking specific actions
ordered by the court in the administration of that decree or decrees.
502. (a) In carrying out its duties as watermaster, the district
shall have the powers and duties that are set forth as powers and
duties of the department in Part 4 (commencing with Section 4000) of
Division 2 of the Water Code, except as modified by the court, and as
follows:
(1) References to the department in that part shall be deemed to
be references to the district.
(2) References to the Water Resources Revolving Fund in that part
shall be deemed to be references to the fund.
(b) Charges levied by the district shall comply with Article XIII
D of the California Constitution.
503. The district may enter into an agreement to provide
watermaster service to the holders of water rights whose place of use
is an eligible parcel if all the holders have executed the
agreement. An agreement to provide watermaster services to an
eligible parcel shall include a provision that the water right
holders agree to pay in full for the service prior to the provision
of service. The amount to be paid shall be determined to ensure that
the provision of the watermaster service to contracted parcels does
not increase the cost of the watermaster service to appointed
parcels.
504. Amounts owed to the county for services provided to the
district by the county shall be included in the district's budget for
each watermaster service area. The watermaster service areas for
which these amounts have been incurred shall be identified and
accounted for in the budget.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.