Amended in Senate June 27, 2013

Amended in Assembly May 29, 2013

Amended in Assembly May 13, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1156


Introduced by Assembly Member V. Manuel Pérez

February 22, 2013


An act to amend Sections 1 and 6 of the Palo Verde Irrigation District Act (Chapter 452 of the Statutes of 1923), relating to water.

LEGISLATIVE COUNSEL’S DIGEST

AB 1156, as amended, V. Manuel Pérez. Palo Verde Irrigation District Act.

Existingbegin delete lawend deletebegin insert law, the Palo Verde Irrigation District Act,end insert establishes the Palo Verde Irrigation Districtbegin delete Actend delete with the purpose of, among other things, providing a unified and comprehensive method of supplying the district, as defined, with water for irrigation and domestic uses and protecting lands within the district from floodwaters of the Colorado River. Existing lawbegin delete requiresend deletebegin insert entitlesend insert any person, firm, or corporationbegin delete whichend deletebegin insert thatend insert owns, or has any interest in, real property or improvements on real property, or both, whose interest or ownership is assessed on the last preceding equalized assessment roll of the districtbegin delete be entitledend delete to vote at certain elections related to the district. The act entitles a property owner to one vote for every $100 of assessed valuation on the equalized assessment roll, as specified.

This bill wouldbegin insert insteadend insert entitle a person, firm, or corporation that owns land to vote at the specified elections. This bill would entitle each property owner to one vote for every one acre of land owned, as specified. This bill, by requiring the district to hold a public hearing regarding these changes to the weighted voted system, as prescribed, would impose a state-mandated local program.

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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.

end delete
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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 1 of the Palo Verde Irrigation District
2Act
(Chapter 452 of the Statutes of 1923) is amended to read:

3

Section 1.  

(a) The State of California and the people of the
4state are hereby declared to have a primary and supreme interest
5in securing to the inhabitants and owners of the low-irrigable lands
6within what is known as the “Palo Verde Valley,” in Riverside
7and Imperial Counties, the greatest possible use, conservation, and
8protection of the waters of the Colorado River to the extent that
9the same may be lawfully diverted to their lands, to the end that
10their water system, land, structures, and other properties may be
11protected from overflow of the floodwaters from the river, their
12swamplands drained, and thereby the greatest productivity of the
13largest possible area may be accomplished and safely carried on
14within reasonable limits of economy.

15(b) The Legislature hereby finds and declares the following:

16(1) That as a special district, the purpose of the Palo Verde
17Irrigation District is to secure to the district’s landowners and
18inhabitants the greatest possible use, conservation, and protection
19of the waters of the Colorado River, to protect their water system,
P3    1land, structures, and other properties from overflow of the
2floodwaters from the river, and to reclaim swamplands and thereby
3promote the greatest productivity of the largest possible area of
4land within reasonable limits of safety and the economy.

5(2) That the owners of land in the Palo Verde Irrigation District
6enjoy distinct benefits flowing as a result of the district’s declared
7purpose, and absorb specific costs related to this purpose, in the
8form of assessments against land and water charges, and that these
9landowners are therefore substantially affected by, and directly
10interested in, the district’s governance.

11(c) Investigation having shown conditions in the Palo Verde
12Valley to be peculiar to that valley, it is hereby declared that a
13general law cannot be applicable thereto, and the enactment of this
14special law is therefore necessary for the proper distribution and
15use of the waters available for the valley, the protection of the
16valley against inundation, the reclamation of the swamplands, and
17financing the development of the valley by the means herein
18provided.

19

SEC. 2.  

Section 6 of the Palo Verde Irrigation District
20begin delete Actend delete
begin delete(Chapterend deletebegin insert Act (Chapterend insert 452 of the Statutes of 1923), as amended
21by Section 1 of Chapter 583 of the Statutes of 1927, is amended
22to read:

23

Sec. 6.  

(a) Any person, firm, or corporation that owns land
24shall be entitled to vote at any election, special or general, for the
25election of trustees, or for any other purpose pertaining to the
26affairs of the district. Each property owner qualified to vote shall
27be entitled to cast one vote for every one acre owned. If a property
28owner owns less than one acre of land,begin delete but at least one-half of an
29acre of land,end delete
the property owner shall be entitled to cast one vote.

30(b) (1) The district shall hold a public hearing regarding the
31changes to the weighted voting system pursuant to subdivision (a).

32(2) Notice of the public hearing shall be given by placing a
33display advertisement at least one-eighth page in a newspaper of
34general circulation for three weeks, pursuant to Section 6063 of
35the Government Code, and by United States first-class mail to each
36landowner voter in the district, postage prepaid, and notice shall
37be deemed given when deposited in the mail. The envelope or
38cover of the mailing shall include the name of the local agency
39and the return address of the sender and the mailed notice shall be
40in at least 10-point type.

P4    1(3) The public hearing shall be held at least 45 days after mailing
2the notice pursuant to paragraph (2).

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3

SEC. 3.  

If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.

end delete
8begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district are the result of a program for which legislative authority
12was requested by that local agency or school district, within the
13meaning of Section 17556 of the Government Code and Section 6
14of Article XIII B of the California Constitution.

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