BILL NUMBER: AB 541	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Dahle

                        FEBRUARY 23, 2015

   An act to create the Big Valley Watermaster District, and
prescribing its boundaries, organization, operation, management,
financing, and other powers and duties, relating to water districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 541, as introduced, Dahle. Big Valley Watermaster District Act.

   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 with unspecified
boundaries within the Counties of Lassen and Modoc to be known as the
Big Valley Watermaster District. The bill would generally specify
the powers and purposes 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 the
Counties of Lassen and Modoc 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.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Big Valley Water District.

   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 Big
Valley Watermaster District Act. It is intended to supplement the
Water Code as follows:

       Big Valley Watermaster District Act
      Article 1.  Creation


  101.  This act shall be known, and may be cited, as the Big Valley
Watermaster District Act.
  102.  (a) A watermaster district is hereby created in Modoc County
and Lassen County to be known as the Big 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 Big Valley and for which the
Superior Court for the County of Modoc 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 Big 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 Modoc County is
for the common benefit of the holders of those decreed water rights
within the Big Valley and for the protection of agricultural and
economic productivity.
      Article 2.  Boundaries


  201.  For the purposes of this act, all of the following townships
that lie within the county comprise the territory that is included in
the Big Valley Watermaster District:
   ____
      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.  "Big Valley" means that portion of the district generally
drained by the Pit River.
  305.  "Big Valley Service Area" means the territory included in the
Big Valley Water District as specified in Section 201.
  306.  "Board of directors" or "board" means the board of directors
of the district.
  307.  "Contracted parcel" means an eligible parcel whose owner has
entered into a contract with the district to provide watermaster
service for that parcel.
  308.  "County" means the County of Lassen, the County of Modoc, or
both.
  309.  "Court" means the Superior Court for the County of Modoc.
  310.  "Decree" 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 Big Valley in the county.
  311.  "Department" means the Department of Water Resources.
  312.  "District" means the Big Valley Watermaster District.
  313.  "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.
  314.  "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.
  315.  "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 the decree.
  316.  "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.
  317.  "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 elected at large from
the Big Valley Service Area. Each director shall be a voter and an
owner. The directors shall be elected at large from the Big Valley
Service Area.
   (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) (A) The initial five directors of the district shall be
the directors of the Big Valley Water Users Association as of
December 31, 2015. Each initial director's term shall be as specified
in subparagraph (B).
   (B) For the initial board of directors, in the same sequence as
the terms of the directors of the Big Valley Water Users Association,
one director's term shall end March 31, 2016, two directors terms
shall end March 31, 2017, and two directors terms shall end March 31,
2018.
   (2) After the initial board of directors, each director shall have
a term of three years. A person shall be an owner to be elected to
the board.
   (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 assume all powers and duties of the department set forth 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.  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 water problems in the area of the
Big Valley Water District that make this special law necessary for
the conservation, development, control, and use of that water for the
public good.
  SEC. 3.  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.