Amended in Assembly June 17, 2014

Amended in Assembly May 19, 2014

Senate Bill No. 26

Introduced by Senator Correa

December 3, 2012

An act to amend Section begin delete 2 end delete begin insert 7 end insert of the Orange County Water District Act (Chapter 924 of the Statutes of 1933), relating to water.

LEGISLATIVE COUNSEL’S DIGEST

SB 26, as amended, Correa. Orange County Water begin delete District Act: district powers. end delete begin insert District: land use end insert begin insert . end insert

Existing law, the Orange County Water District Act, prescribes the powers of the Orange County Water District. Existing law grants the district the power to perform actions useful or necessary to replenish the underground water basin within the district, or to augment and protect the quality of the common water supplies of the district.

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This bill would prohibit the district from entering into a real property lease agreement with a nongovernmental entity for purposes not useful or necessary to replenish the underground water basin within the district, or to augment and protect the quality of the common water supplies of the district, unless the agreement is approved by the city council in which the real property is located, if the real property is located within a city.

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Existing law generally requires a local agency to comply with all applicable building ordinances and zoning ordinances of the county or city in which the territory of the local agency is situated. Existing law prohibits the application of the building ordinances and zoning ordinances of a county or city to the location or construction of specified water facilities.

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This bill would require the district to comply with the above-described provisions relating to building and zoning ordinances. This bill would require the district to provide notice of intent to develop real property owned by the district that is located within the boundaries of a city to the planning agency of that city at least 30 days in advance of any action to approve the development by the district’s board. This bill would require the district to conduct at least one public meeting in a city where a water facility exempt from the application of building ordinances and zoning ordinances would be located or constructed.

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This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Orange.

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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.

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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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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

end insert

begin insert It is the intent of the Legislature that the Orange
County Water District adopt a policy to address the process for
development of property owned by the district that is located within
the boundaries of a city, with the following goals: end insert

begin insert

(a) To clarify, by amending the Orange County Water District
Act (Chapter 924 of the Statutes of 1933), that Article 5
(commencing with Section 53090) of Chapter 1 of Part 1 of
Division 2 of Title 5 of the Government Code, related to the
regulation of local agencies by counties and cities, applies to any
property owned by the district.

end insert begin insert

(b) To foster greater collaboration between the district and a
city on the development of real property owned by the district
located within the boundaries of that city.

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(c) To provide increased transparency to the community in land
use decisions with respect to the development of real property
owned by the district located within the boundaries of a city.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 7 of the end insert begin insert Orange County Water District Act end insert
begin insert (Chapter 924 of the Statutes of 1933) is amended to read: end insert

Sec. 7.  

begin insert (a) end insert begin insert   end insert The legal title to all property acquired under begin delete the
provisions of end delete this act shall immediately and by operation of law
vest in begin delete said end delete begin insert the end insert district, and shall be held by begin delete said end delete begin insert the end insert district, in
trust for, and is hereby dedicated and set apart to, the uses and
purposes set forth in this act. The board of directors is hereby
authorized and empowered to hold, use, acquire, manage, occupy
and possess begin delete said end delete begin insert the end insert property, as begin delete herein provided; and said end delete begin insert provided
in this act. The end insert board of directors may determine, by resolution
duly entered in their minutes that any property, real or personal,
held by begin delete said end delete begin insert the end insert district is no longer necessary to be retained for
the uses and purposes begin delete thereof end delete begin insert of the district end insert , and may thereafter
sell or otherwise dispose of begin delete said end delete begin insert the end insert property.

begin insert

(b) The district shall comply with Article 5 (commencing with
Section 53090) of Chapter 1 of Part 1 of Division 2 of Title 5 of
the Government Code for any property owned by the district.

end insert begin insert

(c) The district shall provide notice of intent to develop real
property owned by the district that is located within the boundaries
of a city to the planning agency of that city at least 30 days in
advance of any action to approve the development by the district’s
board.

end insert begin insert

(d) For the location or construction of a facility specified in
subdivision (e) of Section 53091 of the Government Code that is
proposed to be located within the boundaries of a city, the district
shall conduct at least one public meeting in that city.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

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 parcels of land in the County
of Orange and the need to ensure that the development of real
property by the Orange County Water District not subject to local
planning and zoning ordinances is open to public scrutiny.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

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

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SECTION 1.  

Section 2 of the Orange County Water District Act
(Chapter 924 of the Statutes of 1933), as amended by Chapter 802
of the Statutes of 1989, is amended to read:

Sec. 2.  

The “Orange County Water District” shall have the
following powers:

(1) To have perpetual succession.

(2) To sue and be sued, except as otherwise provided herein or
by law, in all actions and proceedings in all courts and tribunals.

(3) To adopt a seal and alter it at pleasure.

(4) To take by grant, purchase, gift, devise, or lease, to hold,
use and enjoy, and to lease, convey, or dispose of, real and personal
property of every kind, within or without the district, necessary or
convenient to the full exercise of its powers.

(5) Within or outside of the district to construct, purchase, lease,
or otherwise acquire, and to operate and maintain necessary
waterworks and other works, machinery, facilities, canals, conduits,
waters, water rights, spreading grounds, lands, rights and privileges
useful or necessary to replenish the underground water basin within
the district, or to augment and protect the quality of the common
water supplies of the district, and purposes incidental thereto. The
district shall not enter into a real property lease agreement with a
nongovernmental entity for purposes not useful or necessary to
replenish the underground water basin within the district, or to
augment and protect the quality of the common water supplies of
the district, unless the agreement is approved by the city council
in which the real property is located, if the real property is located
within a city.

(6) For the common benefit of the district and for the purpose
of managing the groundwater basin and managing, replenishing,
regulating, and protecting the groundwater supplies within the
district, to exercise the following powers:

(a) Provide for the conjunctive use of groundwater and surface
water resources within the district area.

(b) Store water in underground water basins or reservoirs within
or outside of the district.

(c) Regulate and control the storage of water and the use of
groundwater basin storage space in the groundwater basin within
the district and pursuant to the provisions set forth in Section 2.1
to (1) determine the amount of storage space available in the
groundwater basin within the district, (2) allocate that available
groundwater storage space, and (3) enter into groundwater storage
agreements, provided that the district shall have no authority under
the provisions of this section, except the provisions of paragraph
(l) of this subdivision, to limit the extraction of groundwater within
the district, except to the extent that a party may agree thereto
under the groundwater storage or other agreement.

(d) Appropriate and acquire water and water rights within or
outside of the district.

(e) Purchase and import water into the district.

(f) Conserve and reclaim water within or outside of the district.

(g) Buy and sell water at rates as shall be determined by the
board of directors.

(h) Exchange water.

(i) Distribute water to persons in exchange for ceasing or
reducing groundwater extractions.

(j) Transport, reclaim, purify, treat, inject, extract, or otherwise
manage and control water for the beneficial use of persons or
property within the district and to improve and protect the quality
of the groundwater supplies within the district.

(k) Fix the terms and conditions of any contract under which
owners or operators of water-producing facilities within the district
may agree to use water from an alternative nontributary source in
lieu of groundwater, and to that end, the district may become a
party to that contract and may pay from district funds that portion
of the cost of water from an alternate source as will encourage the
purchase and use of the same in lieu of producing groundwater,
as long as persons or property within the district are directly or
indirectly benefited by the resulting replenishment.

(l) Fix the terms and conditions of any contract under which the
owner or operator of a water-producing facility within the district
may agree to increase the production of groundwater in lieu of
water from an alternative nontributary source for the purpose of
removing contaminants or pollutants from the groundwater basin.
The district may become a party to that contract and may pay from
district funds that portion of the cost of the groundwater production
as will encourage the production for beneficial use of polluted or
contaminated groundwater, as long as that pollution or
contamination is impairing the quality of the water supplies within
the district and the quality of the water supplies within the district
will be improved by that production.

(m) Determine in the manner herein provided the amount and
percentage of water produced from the groundwater supplies within
the district to the total amount of water produced within the district
by all persons and operators, including the total amount of water
from supplemental sources; require that persons and operators
produce more or less of their total water needs from the
groundwater within the district than the basin production
percentage determined by the district as provided herein; levy a
basin equity assessment, which may be uniform or nonuniform in
amount as determined by the board of directors of the district, on
each person and operator who produces more water from the
groundwater within the district; and to compensate other persons
and operators who are directed by the district to produce less than
the basin production percentage from groundwater within the
district.

(7) To provide for the protection and enhancement of the
environment within and outside the district in connection with the
water activities of the district.

(8) To provide, by agreement with other public agencies or
private persons or entities or otherwise, for the recreational use of
the lands, facilities, and works of the district which shall not
interfere, or be inconsistent, with the primary use and purpose of
the lands, facilities, and works by the district.

(9) To carry out the purposes of this act, to commence, maintain,
intervene in, defend, and compromise, in the name of the district,
or otherwise, and to assume the costs and expenses of any and all
actions and proceedings now or hereafter begun to prevent
interference with water or water rights used or useful to lands
within the district, or diminution of the quantity or pollution or
contamination of the water supply of the district, or to prevent
unlawful exportation of water from the district, or to prevent any
interference with the water or water rights used or useful in the
district which may endanger or damage the inhabitants, lands, or
use of water in the district; provided, however, that the district
shall not have power to intervene or take part in, or to pay costs
or expenses of, actions or controversies between the owners of
lands or water rights all of which are entirely within the boundaries
of the district and which do not involve pollution or contamination
of water within the district or exporting water outside of the
district’s boundaries or any threat thereof.

(10) To exercise the right of eminent domain to take any
property necessary to the exercise of any of the powers granted
by this act, except that the district shall not have the right of
eminent domain as to water, water rights, reservoirs, pipelines,
water distributing systems, waterworks, or powerplants, all or any
of which are already devoted to beneficial or public use and located
within the watershed of the Santa Ana River, and excepting further
from the exercise of the right of eminent domain by the district
any property maintained and actually used for the scientific
propagation and study of plantlife. No language or provision of
this act, or of this subdivision, shall be interpreted or construed so
as to limit or abridge the right of the district, or its board of
directors, to exercise its right of eminent domain to condemn
property at any place within the Santa Ana River watershed for
rights-of-ways upon and across and under which to construct
pipelines, conduits, tunnels, aqueducts, or any combination thereof,
necessary or convenient for any of the purposes of the district
provided the property sought to be condemned for the purposes is
not already being used by other corporations, municipalities,
districts, or individuals for similar purposes; providing, however,
that neither the district nor its board of directors shall have power
to enter in or upon the Mojave River or any of its tributaries or
appropriate, take, or condemn any of the water or the right to the
use of any of the water of the Mojave River or any of its tributaries;
nor shall anything in this act be deemed as authorizing or
empowering the district or its board of directors to so do.

(11) The district shall, in addition to the other powers granted
by this act, have the following rights and powers: to act jointly
with or cooperate with the United States or any agency of the
United States, the State of California or any agency of the state,
any county of the State of California, districts of any kind, public
and private corporations, and any person or persons, to carry out
the provisions and purposes of this act. In those joint or cooperative
activities, the district may act within or outside of its boundaries.

(12) To cause assessments or charges, or both, to be levied as
provided in this act to accomplish the purposes of this act.

(13) To make contracts, to employ labor, and to do all acts
necessary for the full exercise of the foregoing powers.

(14) To carry on technical and other investigations of all kinds,
necessary to carry out this act, and for this purpose the district
shall have the right of access through its authorized representative
to all properties within the district.

SEC. 2.  

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 parcels of land in the County
of Orange and the need to ensure that the land is properly leased.

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